Either way, they must be required to clear the air and clean up their act.

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Some, however, think that the language in the Clean Air Act is so clear that even the conservative justices, who in the past have based decisions on the language of the statute in question while ignoring surrounding policy considerations, will argue that the EPA has the authority to regulate, and that they must do so.

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It seems clear to most observers that carbon regulation will come through the Clean Air Act, if at all, only to be tied up in the courts.

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