While the Congresses that drafted §202(a)(1) may not have appreciated the likelihood that burning fossil fuels could lead to global warming, they did understand that without regulatory flexibility, altering circumstances and scientific developments would quickly render the Clean Air Act out of date. Although now we have neither the expertise nor the authority to evaluate these coverage judgments, it is clear they don't have anything to do with whether greenhouse fuel emissions contribute to local weather change. First, we thought it unlikely that Congress meant to ban tobacco merchandise, which the FDCA would have required had such merchandise been labeled as "drugs" or "devices." Id., at 135-137. Here, in contrast, EPA jurisdiction would result in no such extreme measures. EPA’s reliance on Brown & Williamson Tobacco Corp., 529 U. S. 120, is equally misplaced. However a lot a ban on tobacco merchandise clashed with the "common sense" intuition that Congress never meant to remove those merchandise from circulation, Brown & Williamson, 529 U. S., at 133, there is nothing counterintuitive to the notion that EPA can curtail the emission of substances which can be putting the global local weather out of kilter

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