Judith W. Rogers
How Judge Rogers rules, drawn from 35 signed orders. Every observation links to the order it came from.
About Judge Rogers
Judith Ann Wilson Rogers is a judge of the United States Court of Appeals for the District of Columbia Circuit. Appointed by President William J. Clinton, Judge Rogers received a commission on March 11, 1994. Judge Rogers assumed senior status on September 1, 2022.
Judge Rogers's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Rogers's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
- Standing Order No. 20-2: Paper Copies of Electronic Filings in Light of the COVID-19 Pandemic ↗
- Standing Order No. 20-3: Paper Copies of Electronic Filings in Light of the COVID-19 Pandemic ↗
- Notice: Preferred Typefaces for Briefs ↗
- Notice: Specifications for Binding Briefs and Appendices ↗
- Notice Regarding Electronic Filing of Appendices ↗
- Notice: Mandatory Notification of Settlement Proceedings ↗
- Notice: Standard Briefing Schedules for Intervenors and Amici Curiae ↗
- Notice Regarding Use of Acronyms ↗
- Notice: Procedures for Handling Highly Sensitive Documents ↗
How Judge Rogers decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Southern California Edison v. FERC, Rogers granted review after concluding that FERC’s reading of the small power production provisions conflicted with the statute’s specified exceptions and its own regulation.
“Where Congress has taken care, given the benefits it would confer, to specify exceptions for usages otherwise prohibited, the court has no reason to assume ambiguity for the purpose of allowing the agency to improve, in its view, upon Congress' design.”
In Public Service Company’s labor appeal, she denied the employer’s petition and enforced the Board’s order.
“For the following reasons, we deny the petition and grant the Board’s cross-application for enforcement of its order.”
Procedural preferences
In United States v. Dorman, Rogers reversed two convictions after finding the evidence did not establish knowing possession of drugs found away from the gun in a generally accessible part of the home.
“Suspicion, much less speculation, is insufficient to demonstrate that the government has met its burden of proof.”
In Sierra Club's challenge to an EPA memorandum, she dismissed the petition for lack of standing because the challengers did not tie EPA's approach to a substantial probability of diminished air quality.
“Petitioners rely on vague generalities and make no attempt to tie EPA's alleged failure to implement the CAA's guarantees to a substantial probability that they will suffer diminished air quality.”
Cautions
In Windsor Redding Care Center v. NLRB, Rogers rejected the Board’s unfair labor practice finding about Rowland’s suspension and discharge because the Board did not adequately confront evidence detracting from its conclusion.
“the Board is obligated to confront evidence detracting from its conclusions, particularly where the dissenting Member has offered a non-frivolous analysis.”
In Daimler Trucks v. EPA, Rogers vacated the 2012 final rule after finding that EPA had changed its substantial work regulation without adequate notice and opportunity for comment.
“If EPA wanted to revise its 'substantial work' regulation, then it had to provide adequate notice and opportunity for comment ... rather than making an unannounced change.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the Commission's refusal to order Questar to provide a small customer discount rate during its Order No. 636 compliance proceedings was reasoned and supported by the record, we deny Nephi's petition for mitigation and dismiss the remainder of the petition.”
“Accordingly, because the 1996 and 1998 Orders rely on an interpretation of s 3(17) that is foreclosed by unambiguous statutory text, and, alternatively, by FERC's own regulation, we grant Edison's petition for review.”
“Accordingly, because the Board acted reasonably in overruling Saint-Gobain's objection to the election as an impermissible post-election challenge of Hotaling's eligibility, and Saint-Gobain presents no other challenge to the Board's unfair labor practice decision, we deny the petition for review.”
“Accordingly, we deny the petition for review.”
“Because the Commission's policy is not arbitrary or capricious or contrary to law, we deny the petition.”
“Accordingly, we grant the petition. Because the court typically vacates rules when an agency 'entirely fail[s]' to provide notice and comment ... we vacate the 2012 final rule.”
“Accordingly, we deny Monroe Energy's petition for review.”
“Accordingly, we dismiss the petition for lack of jurisdiction.”
“Accordingly, we deny the petition for review.”
“Accordingly, we grant the petition for review, vacate the Commission's Permit Order and Rehearing Order, and remand for further proceedings without reaching Western Minnesota's other challenges.”
“Accordingly, we deny the petition for review and grant the cross-application for enforcement of the Board's order.”
“Because the Commission's reliance on section 2.4(a) of its regulations as applied in its precedent is inapposite, and its position that its section 205 error of law is irremediable beyond prospective relief under section 206 appears irreconcilable with the authority Congress granted it in section 309 ..., we grant the petition in part and remand the case to the Commission.”
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