Supreme Court Justice Stephen G. Breyer noted during arguments Tuesday the fact the Environmental Protection Agency has been granted by courts wide latitude in how it interprets the Clean Air Act. (ASSOCIATED PRESS)
"EPA seems to be going out of its way during its listening tour to avoid those states that rely on coal the most for electricity," said Rep. Ed Whitfield, of Kentucky. (ASSOCIATED PRESS)
Vice President Joseph R. Biden (left) greets Environmental Protection Agency workers with muffins as they return to work at the William Jefferson Clinton Federal Building in Washington on Thursday, Oct. 17, 2013, after a 16-day partial government shutdown. (AP Photo/Jacquelyn Martin)
The Supreme Court, shown Tuesday, Oct. 15, 2013 in Washington, has agreed to consider whether the Environmental Protection Agency overstepped its authority in developing rules aimed at cutting emissions of six heat-trapping gases from factories and power plants. The justices said Tuesday they will review a unanimous federal appeals court ruling that upheld the government's unprecedented regulations aimed at reducing the gases blamed for global warming. (AP Photo/Susan Walsh)
EPA administrator Gina McCarthy testifies before the House Subcommittee on Energy and Power on Capitol Hill, in Washington, Wednesday, Sept. 18, 2013. (AP Photo/Cliff Owen)
** FILE ** "Every public official has to use her best judgment in ensuring appropriate use of personal emails," says Environmental Protection Agency ex-chief Lisa P. Jackson. (Associated Press)