D.C. Circuit Hears Arguments On Legality Of The Clean Power Plan

On September 27, 2016, the U.S. Court of Appeals for the D.C. Circuit heard oral argument over the Obama Administration's signature plan for addressing climate change: the Clean Power Plan, which relies on "generation shifting" to reduce power sector emissions 32 percent by 2030. In a highly unusual move, the court held the argument en banc—that is, before all active judges (except recusals). Thus, with the recusal of Supreme Court nominee Judge Garland, the case was heard before a ten judge panel of Judges Henderson, Tatel, Rogers, Griffith, Kavanaugh, Brown, Srinivasan, Pillard, Millett, and Wilkins (4 Republican-appointed and 6 Democrat-appointed, four of whom were appointed by President Obama).