Opinion for the court filed by Circuit Judge TAMM.
Dissenting Opinion filed by Circuit Judge WALD.
TAMM, Circuit Judge:
Our technological capability is both boon and bane: it causes many of the social and environmental ills that now plague us, but we must depend with increasing frequency upon that same technology to solve these ever mounting problems. In this case, we explore the statutory limits on the use of regulatory power to induce a solution...
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