lindstrom: yes, your honor. justice sotomayor: and some people submitted costs relative to their technology in their kinds of plants. mr. lindstrom: yes, your honor. justice sotomayor: so, it is not true. they propose, but everyone gets a chance to tell them this technology is different from the others or this kind of plant is different from the others and this has costs that are much greater. mr. lindstrom: i am saying they have passed to that phase. any categorization they were going to do is done. justice sotomayor: you are saying that it is passed because the final rule has been issued. mr. lindstrom: correct. justice sotomayor: i am talking about during the rulemaking process. the rulemaking process does allow the agency to consider the cost of technology. mr. lindstrom: they have adopted the exact opposite position -- justice breyer: the lignite people -- i cannot remember if that is the right name. they said, we produce our stuff that is much more expensive, so please do not put us in the same category. a

lindstrom? >> mr.ief justice, and may it please the court, epa's view that it can decide to regulate electrical utilities without considering cost is contrary to the text and structure of section 7412. the text set out distinct terms about whether it is appropriate and necessary to legislate. -- regulate. epa found it is necessary to regulate because of the existence of public health terms -- so it's interpretation. >> i am not quite sure that that is what epa said. my understanding is that it is necessary because of public health harms and it is appropriate because there are technologies that can address and remedy those public health harms. on the one hand, it said that the phrase "appropriate" lends to the harms, the phrase "necessary" went to the -- the phrase appropriate went to the argument of technologies. >> when they relied on the availability of controls, they did that home -- only after saying they must find that appropriate after determining the health hazard exists. they have already deter

robert frost and tina lindstrom. by the way tina will be attending an event called fight for education tonight. it is a charity boxing event, to raise money for the happy hearts fund founded by petrov nimkova. >> some kickboxing i love it. >> look at you. >> not me. >> are you in the umc? >> no i'm impressed with the people who can do it. >> you could do that. >> i could try. i'll stick with regular boxing and even that i can't quite handle. coming up, the closing countdown. stay with us, and after the bell it's billionaire start-up investor chris sacca sounding off on twitter. he's one of the company's largest shareholders and he has a long list of things he says twitter needs to fix to get to the next level. you're watching cnnbccnbc, the first in business worldwide. financial noise financial noise financial noise ♪ [music] ♪ jackie's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to yo

lindstrom: i do not know how they did it, but they said throughout we are not considering cost. thank you, your honor. >>>> the court today ruled by the weapon for that the epa must consider cost before deciding whether regulation is appropriate and necessary. over the next couple hours, we will continue with what happened at the supreme court. this is the last day of the term. in the next case the justices vision will allow oklahoma to continue to use the drug and its lethal injection protocol and later, a ruling that says arizona can use a commission to dropped federal congressional districts. -- draft federal congressional districts. usa today writes a fiercely divided supreme court refused to limit state use of a controversial execution method that the centers compared to being burned at the stake. the majority said oklahoma prisoners challenging the use of a free drug cartel filled to prove it cannot mask excessive pain and identify a better alternative. all four liberal justices dissented vehemently with two of them writing that capital punishment is probably unconstitutio