Industry representatives opposing the EPA had claimed that the estimated $9.6 billion in costs to comply with the new rules would place a large burden on power plants. In this exchange, Justice Scalia is responding to Smith’s comments that the EPA could categorize power plants based on costs when deciding how stringent the regulations should be. Smith points out that the industry’s fears are unfounded. Ninety percent of the estimated costs have already been paid, and the industry has continued functioning without a problem.