Legal Opinion

Center for Policy Analysis on Trade & Health v. Office of United States Trade Representative

Court of Appeals for the Ninth Circuit

Decided August 22, 2008No. 06-16682PublishedCited by 16 opinions

1Opinion of the Court

N. RANDY SMITH, Circuit Judge:

The “fairly balanced” membership requirement, imposed by the Federal Advisory Committee Act (“FACA”) and applied to the Trade Act of 1974 (“Trade Act”), is not reviewable because those statutes provide us with no meaningful standards to apply. The district court therefore properly dismissed the complaint by the Center for Policy Analysis on Trade and Health, California Public Health Association— North, Chinese Progressive Association, and Physicians for Social Responsibility (collectively, “CPATH”). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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2Cases cited10 opinions

  1. Heckler v. ChaneySupreme Court of the United States · 1985
  2. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
  3. Lincoln v. VigilSupreme Court of the United States · 1993
  4. Corrie Ex Rel. Corrie v. Caterpillar, Inc.Court of Appeals for the Ninth Circuit · 2007
  5. National Anti-Hunger Coalition v. Executive Committee of the President's Private Sector Survey on Cost ControlCourt of Appeals for the D.C. Circuit · 1983

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3Cited by16 opinions

  1. Union of Concerned Scientists v. EPACourt of Appeals for the First Circuit · 2020
  2. City & County of San Francisco v. U.S. Department of TransportationCourt of Appeals for the Ninth Circuit · 2015
  3. Drakes Bay Oyster Co. v. SalazarDistrict Court, N.D. California · 2013
  4. Physicians For Social Responsibility v. WheelerCourt of Appeals for the D.C. Circuit · 2019
  5. Alaska v. KerryDistrict Court, D. Alaska · 2013

11 more not listed; retrieve them via the Exa API.

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