The Court declined to determine whether the risk level alleged by industry would be considered significant, since the agency itself had made no finding on this issue, which the plurality thought to be a critical requirement of the Act.

• 法院拒绝判断机构所声言的风险比例是否严重，因为机构本身还没有就此问题做出判决，多数人认为这是法案中的一个关键要求。