Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc

Today the D.C. Circuit denied rehearing en banc in the Greenhouse Gas case.  No surprise there.  The panel decision upheld the EPA’s finding that carbon dioxide is a pollutant and upheld the agency’s regulation of CO2 emissions. The original panelists signed Chief Judge Sentelle’s opinion concurring in the denial of rehearing, and Judges Brown and Kavanaugh each dissented.  Today’s dissenters are always worth a read, and these offerings are no exception.

Who Authored the Per Curiam Greenhouse Gas Opinion?

A panel may choose to publish an opinion per curiam rather than under a single judicial author’s name for more than one reason.

D.C. Circuit Upholds EPA’s Greenhouse Gas Regulation

As predicted, the D.C. Circuit upheld yesterday the EPA’s finding that “greenhouse gas,” including carbon dioxide, is an “air pollutant” and the agency’s succeeding regulation of tailpipe emissions and stationary sources of greenhouse gas [pdf]. 

Prevailing Dissenters in Massachusetts v. EPA to Decide New Greenhouse Gas Challenge

The D.C. Circuit announced Wednesday that the challenge to the EPA’s new greenhouse gas rules will be heard by Chief Judge David B. Sentelle and Circuit Judges Judith W. Rogers and David S. Tatel in February.