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 | | And the United States Court of Appeals for the District of Columbia Circuit has read Section 109(b)(1) of the CAA as barring the EPA from considering even technological feasibility, ruling that the sole objective of the CAA is to protect public health. |
 | | United States, 488 U.S. Although this Court has not struck down a congressional delegation since the early New Deal (id., 488 U.S. at 373), the "intelligible principle" standard is not the child of an out-of-date court, as so many critics of the "nondelegation doctrine" insist. |
 | | United States, 295 U.S. Indeed, in the much maligned, but never overruled, Schechter case, the thoroughly modern justice, Benjamin Cardozo, lent the prestige of his pen to affirm the nondelegation doctrine and the majority's holding. |
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