Evaluation of Circuit Judge Kavanaugh's Opinions Concerning the CAA

Abstract

Nineteen opinions by Circuit Judge Kavanaugh in the D.C. Circuit dealing with the Clean Air Act (CAA) were reviewed. In eleven of the cases, Circuit Judge Kavanaugh wrote the majority opinion. In two cases he wrote a concurring opinion and in six cases he dissented. The cases where Circuit Judge Kavanaugh wrote the majority opinion are: (1) Americans for Clean Energy v. EPA, 864 F.3d 691 (2017); (2) Mexichem Fluor, Inc. v. EPA, 866 F.3d 451(2017); (3) Energy Future Coalition v. EPA, 793 F.3d 141 (2015); (4) EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (2015); (5) In re Murray Energy v. EPA, 788 F.3d 330 (2015); (6) National Ass’n of Manufacturers v. EPA, 750 F.3d 921 (2014); (7) NRDC v. EPA, 749 F.3d 1055 (2014); (8) American Road & Transportation Builders Ass’n v. EPA, 705 F.3d 453 (2013); (9) Honeywell International, Inc. v. EPA, 705 F.3d 470 (2013); (10) EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (2012, rehearing en banc denied Jan. 24, 2013); and (11) American Trucking Ass’ns, Inc. v. EPA, 600 F.3d 624 (2010). Circuit Judge Kavanaugh’s concurring opinions are found in; (1) Utility Air Regulatory Group v. EPA, 744 F.3d 741 (2014); and (2) Center for Biological Diversity v. EPA, 722 F.3d 401 (2013). His dissents are found at: (1) Mexichem Specialty Resins, Inc. v. EPA, 787 F.3d 544 (2015); (2) (2) White Stallion Energy Center, LLC v. EPA, 748 F.3d 1222 (D.C. Cir. 2014); (3)Texas v. EPA, 726 F.3d 180 (2013); (4) Grocery Mfrs. Ass’n v. EPA, 693 F.3d 169 (2012); (5) Sierra Club v. EPA, 536 F.3d 673 (2008), and (6) Coalition for Responsible Regulation v. EPA, 2012 WL 6621785 (Dec. 20, 2012).