In this clip you will hear a discussion of the meaning of the term “significant” and the EPA’s discretion in making that determination. Industry groups are arguing that the EPA should have little discretion in creating a solution, and should focus on regulating the amount of pollutants rather than taking the cost of emission control plans into consideration; they argue that the EPA is acting unfairly by making some upwind states—who generate relatively less pollution—bear, nonetheless, a higher cost burden because it is relatively affordable for that state to do so.  With the exception of Justice Scalia, the Justices in this clip seem sympathetic to the EPA’s need to have that kind of discretion in crafting a solution.  In reference to the text of the Clean Air Act, Justice Kennedy says that the term “significantly” necessarily includes a “judgmental component.”