Byrd v. United States Environmental Protection Agency
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge HENDERSON.
*241Separate opinion concurring in part and dissenting in part filed by Circuit Judge WILLIAMS.
KAREN LeCRAFT HENDERSON, Circuit Judge:
Appellant Daniel M. Byrd seeks reversal of the district court’s grant of summary judgment to the Environmental Protection Agency (EPA) on his claim that EPA violated the Federal Advisory Committee Act (FACA), 5 U.S.CApp. II §§ 1-15. Specifically, Byrd contends that a peer review panel convened by an EPA contractor, the Eastern Research Group (ERG), to update EPA’s interim benzene report constituted a federal…
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