DC Circuit Reviews the Clean Power Plan

摘要

In late September, the Obama administration's signature plan for addressing climate change, the Clean Power Plan (CPP), was set for review by the judges of the US Court of Appeals for the District of Columbia Circuit. And review it they did—the court heard nearly seven hours of oral argument over a wide variety of legal issues, as challengers sought to persuade the judges that the plan is illegal. In a highly unusual, if not unprecedented, move, the court held the argument en banc—that is, before all active judges (except one—Judge Garland recused himself due to his nomination for the Supreme Court). Thus, the case was heard before a 10-judge panel of four Republican-appointed judges and six Democrat-appointed judges, four of whom were appointed by President Obama himself.