Although the Clean Power Plan and New Source Performance Standard litigations are occurring on separate tracks,* the same three judge panel will be deciding the fates of both regulations. Here’s a quick look at the panel and a few notable administrative law opinions written by each panelist:
Judge Karen LeCraft Henderson: Judge Henderson was appointed to the court by President George H.W. Bush in July 1990, prior to which she served, among other things, as a United States District Judge for the District of South Carolina, as Deputy Attorney General for the State of South Carolina, and as a private practitioner. Judge Henderson sat on the In Re Murray panel, which denied certain petitioners’ early 2015 request to review the legality of the proposed CPP.
J. Henderson Opinions
West Virginia v. EPA (In re Murray Energy Corp.), 788 F.3d 330 (D.C. Cir. 2015) (Henderson, J. concurring)
Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C. Cir. 2013)
Animal Legal Defense Fund, Inc. v. Espy, 29 F.3d 720 (D.C. Cir. 1994)
Fertilizer Inst. v. EPA, 935 F.2d 1303 (D.C. Cir. 1991)
Judge Judith Ann Wilson Rogers: Judge Rogers was appointed to the court by President Bill Clinton in March 1994, prior to which she served, among other things, as Judge on the District of Columbia Court of Appeals (which time included a stint as the Chief Judge), as an Assistant United States Attorney, and as Corporation Counsel for the District of Columbia.
J. Rogers Opinions
Coal. for Responsible Regulation, Inc. v. EPA, 2012 U.S. App. LEXIS 25997 (D.C. Cir. Dec. 20, 2012) (Rogers, J. concurring)
NRDC v. EPA, 559 F.3d 561 (D.C. Cir. 2009) (Rogers, J. concurring in part and dissenting in part)
New York v. EPA, 443 F.3d 880 (D.C. Cir. 2006)
Engine Mfrs. Ass’n v. EPA, 88 F.3d 1075 (D.C. Cir. 1996)
Judge Srikanth Srinivasan: Judge Srinivasan was appointed to the court by President Barack Obama in May 2013, prior to which he served, among other things, as the Principal Deputy Solicitor General of the United States, as a private practitioner, and as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and to Supreme Court Justice Sandra Day O’Connor.
J. Srinivasan Opinions
Hermes Consol., LLC v. EPA, 787 F.3d 568 (D.C. Cir. 2015)
Home Care Ass’n of Am. v. Weil, 799 F.3d 1084 (D.C. Cir. 2015)
Nat’l Ass’n of Broads. v. FCC, 789 F.3d 165 (D.C. Cir. 2015)
NRDC v. EPA, 777 F.3d 456 (D.C. Cir. 2014)
*The briefing schedule for West Virginia v. EPA can be found here. On January 21, 2016, the court issued an order directing the parties in North Dakota v. EPA to submit briefing proposals by Monday, February 22, 2016.
