Legal Opinion

Physicians For Social Responsibility v. Wheeler

Court of Appeals for the D.C. Circuit

Decided February 12, 2019No. Case No. 1:17-cv-02742 (TNM)PublishedCited by 7 opinions

1Opinion of the Court

TREVOR N. McFADDEN, U.S.D.J.

The U.S. Environmental Protection Agency recently issued a directive announcing new membership priorities for its federal advisory committees (the "Directive"). The Directive requires, in part, "that no member of an EPA federal advisory committee be currently in receipt of EPA grants." The Plaintiffs complain that this requirement is arbitrary and capricious, conflicts with several statutes and regulations governing advisory committees, and is a shift in policy that EPA failed to explain.

EPA's Acting Administrator,1 however, has moved to dismiss the suit under…

2Cases cited46 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  5. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970

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3Cited by7 opinions

  1. Physicians for Social Responsibility v. Andrew WheelerCourt of Appeals for the D.C. Circuit · 2020
  2. Natural Res. Def. Council, Inc. v. WheelerDistrict Court, S.D. Illinois · 2019
  3. Union of Concerned Scientists v. WheelerDistrict Court, District of Columbia · 2019
  4. Naacp Legal Defense & Educational Fund, Inc. v. BarrDistrict Court, District of Columbia · 2020
  5. Natural Resources Defense Council, Inc. v. U.S Environmental Protection AgencyDistrict Court, S.D. New York · 2020

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