About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
07/05/2024
Decision
District court’s order resolving counts V and VII on the merits vacated and case remanded with instructions to dismiss both for lack of standing.
The D.C. Circuit Court of Appeals ruled that two scientists lacked standing for their claims that EPA violated the Federal Advisory Committee Act and the Administrative Procedure Act when the agency did not appoint them to the Clean Air Scientific Advisory Committee (CASAC) after dismissing CASAC members in 2021 and conducting a new nomination and evaluation process. The D.C. Circuit found that the scientists did not demonstrate an Article III injury, including with allegations that EPA “skipped past them” to select candidates who favored more stringent regulation of air quality.
Summary
Challenge to the Biden administration's reconstitution of the Science Advisory Board and the Clean Air Scientific Advisory Committee.