dissenting.
The effort to determine congressional intent here mig;ht better be entrusted to a detective than to a judge. The Court rejects the application of the traditional canon of ejusdem generis to the phrase “any other final action” on the grounds that (1) there is no uncertainty as to the meaning of that phrase, ante, at 588, and (2) at least one of the provisions now included in § 307 (b)(1), 42 U. S. C. § 7607 (b)(1) (1976 ed., Supp. II) — i. e., § 112 (c), 42 U. S. C. § 7412 (c) (1976 ed., Supp. II) — does not require the Administrator to act after notice and opportunity for comment or hearing, ante, at 5.88. While I agree with the Court that the phrase “any other final action” may not by itself be “ambiguous,” I think that what *596we know of the matter makes Congress’ additions to § 307 (b)(1) in the Clean Air Act Technical and Conforming Amendments of 1977 no less curious than was the incident in the Silver Blaze of the dog that did nothing in the nighttime. If I am correct in this, we must look beyond the language of the phrase “any other final action” in ascertaining congressional intention. The Court did just that in Chemehuevi Tribe of Indians v. FPC, 420 U. S. 395 (1975).
Before 1977, § 307 (b)(1) granted exclusive jurisdiction to courts of appeals to review only a limited class of actions taken by the Administrator.1 District of Columbia v. Train, 175 U. S. App. D. C. 115, 119, 533 F. 2d 1250, 1254 (1976); Utah Power & Light Co. v. EPA, 180 U. S. App. D. C. 70, 72, 553 F. 2d 215, 217 (1977). The EPA was required to provide for notice and an opportunity for hearing or comment with respect to all such actions. These procedural requirements generally result in the creation of an administrative record *597that is more susceptible of judicial review by courts of appeals than actions such as the one in this case in which no notice and opportunity for comment are required.2 Indeed, it has been stated: “The requirements that interested persons have an opportunity at least for written comment and that the agency provide a general statement of reasons virtually assure that an appellate court will have a meaningful record to review. While it is true that in many instances informal adjudication also produces an administrative record, the nature and scope of the records vary widely from one type of action to another and cannot provide the same assurance that appellate review will be feasible.” Currie & Goodman, Judicial Review of Federal Administrative Action: Quest for the Optimum Forum, 75 Colum. L. Rev. 1, 57 (1975). Thus the grant of exclusive jurisdiction to courts of appeals in pre-1977 § 307 (b)(1) actions fully comports with the traditional role of appellate courts in reviewing agency decisions that are based on development of factual issues by means of an administrative record.3
The revision of § 307 (b)(1) during the Clean Air Act Amendments of 1977, when Congress added the phrase “any other final action,” does not in my view support the Court’s *598construction of that phrase as a major expansion of Congress’ original limited grant of exclusive jurisdiction to federal courts of appeals. The amendment added only § 120, 42 U. S. C. § 7420 (1976 ed., Supp. II), to the list of those specifically enumerated in § 307 (b)(1), and it also included the “any other final action” phrase. Pub. L. 95-95, 91 Stat. 776. Section 120 does not depart from the requirement of notice and opportunity for comment or hearing that existed prior to 1977 with respect to the other sections specifically enumerated in § 307 (b)(1). It directs the EPA to give notice and an opportunity for public hearing before adopting the authorized regulations. And in adding the phrase “any other final action” Congress gave no indication whatsoever that it intended to make reviewable in the courts of appeals actions that differed substantially in character from those authorized by § 120 and the other sections listed in § 307 (b)(1). Instead, the limited legislative history on the subject suggests that the amendment was aimed at resolving problems of venue under the section, not at effecting a major jurisdictional shift from the district courts to courts of appeals.4
If Congress had done nothing more than enact this amend*599ment, I doubt that the Court would find application of the rule of ejusdem generis problematic. See infra, at 601. The difficulty in ascertaining Congress’ intention here arises from the so-called “technical amendments” enacted three months after Congress adopted the Clean Air Act Amendments in 1977. Clean Air Act Technical and Conforming Amendments of 1977, Pub. L. 95-140, 91 Stat. 1404. The amendments purportedly made no substantive changes in the earlier amendments.5 They nonetheless altered § 307 (b)(1) by specifying four additional sections that would trigger the original jurisdiction of courts of appeals: § 111 (j), 42 U. S. C. § 7411 (j) (1976 ed., Supp. II); § 112 (c), 42 U. S. C. § 7412 (c) (1976 ed., Supp. II); § 113 (d), 42 U. S. C. § 7413 (d) (1976 ed., Supp. II); and § 119, 42 U. S. C. § 7419 (1976 ed., Supp. II). EPA maintains that these additions make no substantive changes because the “any other final action” phrase already included actions under these sections, and under the Court’s interpretation of that phrase this would clearly be the case. This view, however, also leads to the conclusion that the technical amendments were a largely meaningless exercise of Congress’ legislative authority. But, as previously noted, in presenting the technical amendments, Senator Muskie said they were “necessary to correct technical errors or unclear phrases.” 123 Cong. Rec. 36252 (1977) (emphasis added) ; n. 4, supra. Thus, the technical amendments, coupled with Senator Muskie’s statement in introducing them, present this Court with a paradox in attempting to ascertain Congress’ intention: under the Court’s interpretation of the phrase “any other final action” the technical amendments, contrary to their advance billing, were entirely unnecessary because the phrase *600clearly includes those sections. But if “any other final action” means anything less than the Court’s interpretation, then the technical amendments, again contrary to their stated purpose, made important substantive changes to § 307 (b) (l).6 The Court attempts, partially and unsuccessfully, to address the difficulty here in a footnote, when it acknowledges that under its interpretation the technical amendments were “unnecessary.” That response, however, does not answer the question: It merely restates it. The Court adds only the additional observation that “[t]his may be true, but the fact remains that even if Congress had intended the phrase ‘any other final action’ to be read ... in accordance with the rule of ejusdem, generis, there still would have been no necessity to add to the list of specifically enumerated provisions.” Ante, at 589, n. 6.
In my view, absent any clear indication to the contrary, the statute should not be construed as creating a broad expansion of the jurisdiction of the federal courts of appeals. Such an approach is quite appropriate in this case because the jurisdictional expansion wrought by the Court is thoroughly inconsistent with the traditional role of appellate courts. Indeed, I think it is difficult to believe that Congress would adopt a massive shift in jurisdiction from the district courts to the courts of appeals without any comment whatsoever. The sketchy legislative history here indicates that Congress considered the Administrative Conference’s recommendations and that the principal purpose of the 1977 amendment was to effect the change in venue that was recommended by the Administrative Conference. The change would be far less sub*601stantial than the jurisdictional shift that according to the Court Congress adopted sub silentio. And the remarks made at the time the technical amendments were adopted, coupled with the nature of the actions reviewable under §307 (b)(1) prior to that time, are sufficiently perplexing that in my view the technical amendments do not shed any meaningful light on Congress’ intention in adding the phrase “any other final action” to §307 (b)(1). Accordingly, even though they be labeled “technical amendments” I think they are most accurately viewed as subsequent legislative history that is not controlling in interpreting a prior enactment. See United Air Lines, Inc. v. McMann, 434 U. S. 192, 200, n. 7 (1977). Indeed, to one not acquainted with the significance of the expansion of jurisdiction of courts of appeals urged by the EPA and adopted by the Court, the technical amendments most likely looked like minor additions to § 307 (b)(1). Thus, I think the most sensible way to interpret the phrase “any other final action” is to do so by reference to § 307 (b) (1) at the time that phrase was enacted, rather than at the subsequent time at which the technical amendments were added.
If the phrase “any other final action” is interpreted by reference to § 307 (b)(1) at the time the phrase was added, this case is clearly a proper one in which to apply the rule of ejusdem generis. The rule of ejusdem generis ordinarily “limits general terms which follow specific ones to matters similar to those specified.” Gooch v. United States, 297 U. S. 124, 128 (1936). It rests on the notion that statutes should be construed so that the “sense of the words . . . best harmonizes with the context and the end in view.” Ibid. At the time the general language “any other final action” was adopted, notice and opportunity for comments or hearing were required for the actions listed in the sections that preceded it — a requirement that distinguished those sections from the Administrator’s action at issue here. Thus under the principle of ejusdem generis, the general phrase refers to similar types *602of actions. This interpretation offers the most satisfactory explanation for Congress’ curious failure to provide any indication that it intended to effect a major jurisdictional change in the manner of reviewing EPA actions such as the one before us, a change that is inconsistent with the traditional role of appellate courts. In a case where the construction of legislative language such as this makes so sweeping and so relatively unorthodox a change as that made here, I think judges as well as detectives may take into consideration the fact that a watchdog did not bark in the night.
The section originally provided:
“A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality standard, any emission standard under section 112, any standard of performance under section 111, any standard under section 202 (other than a standard required to be prescribed under section 202 (b) (1)), any determination under section 202 (b)(5), any control or prohibition under section 211, or any standard under section 231 may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator’s action in approving or promulgating any implementation plan under section 110 or section 111 (d) may be filed only in the United States Court of Appeals for the appropriate circuit. Any such petition shall be filed within 30 days from the date of such promulgation or approval. . . .” Pub. L. 91-604, 84 Stat. 1708.
It was inserted by the Senate, S. 4358, 91st Cong., 2d Sess., § 308 (1970), to “specify forums for judicial review of certain actions of the [EPA] Secretary-” H. R. Conf. Rep. No. 91-1783, p. 57 (1970). The House bill did not contain a comparable provision. Ibid. In 1974, §§ 119 (c) (2) (A), (B), and (C) and the phrase “regulations thereunder” were added to the list of actions reviewable under §307 (b)(1). Pub. L. 93-319, 88 Stat. 259.
At the Senate debates on S. 4358, Senator Cooper stated that decisions of the EPA made after on-the-record development of “technical and other relevant information necessary to achieve a sound judgment . . . should be reviewable' in the court of appeals so that the interests of all parties can be fully protected. With the record developed by the [EPA] Secretary, the court, as an unbiased, independent institution, is the appropriate forum for reviewing such decision and making a judgment as to its quality.” 116 Cong. Rec. 33117 (1970).
“Direct appellate review of formal administrative adjudications . . . has long been standard practice: because the agency’s action is to be judged by the administrative record, there is no need for a trial, and thus no need for prior resort to a district court.” Currie, Judicial Review Under Federal Pollution Laws, 62 Iowa L. Rev. 1221, 1232 (1977) (emphasis added). See also Currie & Goodman, Judicial Review of Federal Administrative Action: Quest for the Optimum Forum, 75 Colum. L. Rev. 1, 5-6 (1975).
The only discussion of the 1977 addition to the Clean Air Act, § 307 (b)(1), states that the amendment was “intended to clarify some questions relating to venue for review of rules or orders under the act.” H. R. Rep. No. 95-294, p. 323 (1977) (emphasis added). The House Report noted that “in adopting this subsection, the committee was in large measure approving the portion of the Administrative Conference of the United States recommendation Section 305.76-4 (A) [41 Fed. Reg. 56768 (1976)], that deals with venue,” and that the proposed amendment also “incorporates recommendation D2 of the Administrative Conference on extending the period for petitioning for judicial review in the court of appeals.” Id., at 324. It further stated that it did not endorse the remainder of the Administrative Conference’s recommendations, ibid., which include a recommendation that proposed expanding the jurisdiction of the courts of appeals by eliminating the exception to review in those courts for regulations adopted under §202 (b)(1), 42 U. S. C. §7521 (b)(1) (1976 ed., Supp. II).
In a statement explaining the amendments, Senator Muskie stated that “[i]t is not the purpose of these amendments to re-open substantive issues in the Clean Air Act.” 123 Cong. Rec. 36252 (1977). Rather, he continued, “[o]nly those amendments that are necessary to correct technical errors or unclear phrases have been retained in the package of amendments that is now before the Senate.” Ibid.
Section 112 (c) does not make any provision for notice and comment or hearing. And, while §§ 111 (j) and 119 (a) generally provide for notice and hearing, they do not do so in every case. Under § 111 (j), an order denying a waiver apparently may be made by the Administrator without formal proceedings, and under § 119 (a), the Administrator apparently may deny an application for a primary nonferrous smelter order without providing for notice and hearing.