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UNION OF CONCERNED SCIENTISTS v. WHEELER

Civil Action No. 18-10129-FDS.

377 F.Supp.3d 34 (2019)

UNION OF CONCERNED SCIENTISTS and Elizabeth Anne Sheppard, Plaintiffs, v. Andrew WHEELER, as Administrator of the Environmental Protection Agency, and United States Environmental Protection Agency, Defendants.

United States District Court, D. Massachusetts.

Signed March 27, 2019.

Editors Note
Applicable Law: 05 U.S.C. § 702
Cause: 05 U.S.C. § 702 Administrative Procedure Act
Nature of Suit: 899 Other Statutes: Administrative Procedures Act / Review or Appeal of Agency Decision
Source: PACER

Attorney(s) appearing for the Case

Jamila Benkato, Pro Hac Vice, Protect Democracy Project, Lindsay C. Harrison, Pro Hac Vice, Samuel C. Birnbaum, Pro Hac Vice, Jenner & Block LLP, Washington, DC, Justin Florence, The Protect Democracy Project, Inc., Cambridge, MA, for Plaintiffs.

Annapurna Balakrishna, U.S. Attorney's Office, Boston, MA, Daniel Bensing, James R. Powers, U.S. Dept. of Justice, Civil Divison, Washington, DC, for Defendants.

MEMORANDUM AND ORDER ON MOTION TO DISMISS

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...

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