Joan B. Claybrook v. Rodney E. Slater, Administrator, Federal Highway Administration

EAREN LeCRAFT HENDERSON, Circuit Judge.

An advisory committee to the Federal Highway Administration (FHWA or agency) passed a resolution criticizing purported inaccuracies in the fund-raising literature of an organization called Citizens for Reliable and Safe Highways (CRASH). Appellant Joan Claybrook (Claybrook), who is CRASH’S co-chair, sued Rodney Slater (Slater), the FHWA Administrator at that time, 1 claiming he failed to prevent the advisory committee from taking the allegedly ultra vires action. She asserted that the committee should not have voted on the resolution because the agenda…