Thursday, July 19, 2012


Brian Angliss has part two (start here) of a four part series on the DC Circuit Court of Appeals ruling endorsing the EPA endangerment finding for CO2 and the way in which the EPA proposes to deal with emissions.  Eli did a fast drive by about a month ago, but Brian has taken his time.  Worth reading.

For those bunnies not deeply into the Federal District Courts, the DC Circuit, aka, the Federal Circuit, is probably the most important Court of Appeals in the US because it gets all (EINAL, most) of the cases involving federal regulations.  Given the recent unpleasantness it is pretty well stacked with wingnuts, including Sentelle and Rogers, two of the three judge panel.  Tatel, the third, was a Clinton appointee.


John said...

Sentelle is a Reagan nominee, so, OK, wingnut.

This court's only judge with the LAST name of "Rogers," as ID'd by ER, above, and on the opinion itself, is a Clinton nominee, Judith Ann Wilson Rogers.

Perhaps the other wingnut, "Rogers," ER was referring to is Janice Rogers Brown, a bona fide wingnut.

Let us not assume, however, that Clinton was/is not capable of catering to and/or coddling wingnuts.

(Angliss reports this was a unanimous decision.)

John Puma

Brian said...

The case was a loser from Day 1, trying to overcome standard judicial deference to agency opinion. I never paid attention to it for that reason, but I'll take a look at what Brian A has to say.