>> morten against ruiz. if i give a hypothetical, if congress enacted a statute that says customs authorities, border authorities have the obligation to search every cargo container that comes into the united states but no container may be delayed more than three days, if the agency were faced with those obligations and didn't have the resources and said what we're going to do is search the containers that come from places we think the risk is most likely, i think everyone would think that that's a reasonable interpretation of the agency's charge under the statute and that's essentially what the agency has done here. >> just to be clear, you're not say, -- saying, or are you saying that if you are denied the authority you seek here there can be no significant regulation of greenhouse gases under the act? you're not saying that? >> no. and i think i want to provide for specificy. in my answer if i could. the court has held in american electric power that the e.p.a. has the authority to provide general nationa

>> morten against ruiz. if i give a hypothetical, if congress enacted a statute that says customs authorities, border authorities have the obligation to search every cargo container that comes into the united states but no container may be delayed more than three days, if the agency were faced with those obligations and didn't have the resources and said what we're going to do is search the containers that come from places we think the risk is most likely, i think everyone would think that that's a reasonable interpretation of the agency's charge under the statute and that's essentially what the agency has done here. >> just to be clear, you're not say, -- saying, or are you saying that if you are denied the authority you seek here there can be no significant regulation of greenhouse gases under the act? you're not saying that? >> no. and i think i want to provide for specificy. in my answer if i could. the court has held in american electric power that the e.p.a. has the authority to provide general nationa