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Judging the Environment judicial nominations photo

A project tracking federal judicial nominations and courts.


Jeffrey A. Rosen

U.S. District Court for D.C.
Returned to President January 2, 2009

Jason Burnett said that when he was associate deputy administrator of the Environmental Protection Agency OMB general counsel Jeffrey A. Rosen asked three times for separate memorandums describing why carbon dioxide molecules emitted from vehicles (already likely to be subject to regulation) could not be distinguished from CO2 molecules emitted from power-plant smokestacks (whose regulation was opposed by powerful segments of the industry and the administration).  “I must say that it was sometimes somewhat embarrassing,” Burnett testified, “for me to return to EPA and ask for my colleagues to explain to me yet again that CO2 is a molecule and there is no scientific way of differentiating between CO2 from car and a power plant.” 

Previously, Rosen praised and presumably played a role in the widely condemned, draconian Bush Executive Order 13422 on regulatory review and "reform."

President George W. Bush nominated Rosen to the U.S. District Court for D.C., which has exclusive jurisdiction or a leading role in deciding how to interpret and whether to uphold and enforce, a wide range of environmental, health, safety, civil rights, consumer and worker protection statutes.   

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