Legal Opinion
Natural Resources Defense Council v. Pena
Court of Appeals for the D.C. Circuit
Decided July 17, 1998No. Nos. 97-5253, 97-5254PublishedCited by 90 opinions
1Opinion of the Court
KAREN LeCRAFT HENDERSON, Circuit Judge:
This appeal poses the recurring question of what remedy is appropriate for a federal agency’s violation of the Federal Advisory Committee Act, 5 U.S.C.App. 2, §§ 1 et seq., (FACA). The appellants, the United States Department of Energy (Department or DOE) and the National Academy of Sciences (Academy or NAS), appeal the district court’s grant of a permanent injunction against the Department’s use of or reliance on a report prepared by an Academy committee, which committee both the Department and the Academy concede was organized and operated in violation…
2Cases cited42 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Lewis v. CaseySupreme Court of the United States · 1996
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Bennett v. SpearSupreme Court of the United States · 1997
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3Cited by90 opinions
- Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
- Cobell, Elouise v. Norton, GaleCourt of Appeals for the D.C. Circuit · 2004
- Byrd v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1999
- In Re Medicare Reimbursement LitigationCourt of Appeals for the D.C. Circuit · 2005
- Kaplan v. Cent. Bank of the Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2018
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