Management Ass'n for Private Photogrammetric Surveyors v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiffs in this APA 1 and declaratory judgment 2 action challenge as arbitrary and capricious the federal government’s failure to initiate a new rulemaking and promulgate a new regulation in response to an amendment to the Brooks Act governing federal procurement of certain architectural and engineering (A-E) services. 3 The government’s attack on plaintiffs’ standing to mount this APA challenge could not be definitively resolved at the threshold, owing to an anemic record and the generous construction afforded complaints at the motion to dismiss…