Legal Opinion
Union of Concerned Scientists v. Wheeler
District Court, District of Columbia
Decided March 27, 2019No. Civil Action No. 18-10129-FDSPublishedCited by 5 opinions
1Opinion of the CourtSaylor, J.
This is an action arising out of a directive by the Environmental Protection Agency that prohibits scientists in receipt of certain EPA grants from serving on the agency's federal advisory committees. The complaint alleges that the directive was arbitrary and capricious in violation of the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 - 706.
Defendants have moved to dismiss the complaint for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1), on grounds of lack of standing, finality, ripeness, and justiciability, and for failure to state a claim upon which relief can be…
2Cases cited35 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
30 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Union of Concerned Scientists v. EPACourt of Appeals for the First Circuit · 2020
- American Waterways Operators v. United States Coast GuardDistrict Court, D. Massachusetts · 2020
- Hybrid Pharma LLC v. Food and Drug AdministrationDistrict Court, S.D. Florida · 2026
- L.F.O.P v. MayorkasDistrict Court, D. Massachusetts · 2023
- Natural Resources Defense Council, Inc. v. U.S Environmental Protection AgencyDistrict Court, S.D. New York · 2020