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PACIFIC LEGAL FOUND. v. COUNCIL ON ENVIRON. QUALITY

Nos. 79-1689, 79-1846.

636 F.2d 1259 (1980)

PACIFIC LEGAL FOUNDATION, Petitioner, v. The COUNCIL ON ENVIRONMENTAL QUALITY, Respondent. PACIFIC LEGAL FOUNDATION, Appellant, v. The COUNCIL ON ENVIRONMENTAL QUALITY et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 27, 1980.

Attorney(s) appearing for the Case

Sam Kazman, Washington, D. C., with whom Ronald A. Zumbrun, Sacramento, Cal. and Raymond M. Momboisse, Washington, D. C., were on brief, for petitioner-appellant.

Frank A. Rosenfeld, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Leonard Schaitman and Joseph B. Scott, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondent-appellee and appellees.

Lawton Chiles, Washington, D. C., filed an amicus curiae brief pro se.

Before McGOWAN and EDWARDS, Circuit Judges, and DANIEL M. FRIEDMAN, Chief Judge, United States Court of Claims.

Opinion for the Court filed by Chief Judge FRIEDMAN, United States Court of Claims.

FRIEDMAN, Chief Judge:

These consolidated cases challenge regulations of the Council on Environmental Quality (Council) that make the Government in the Sunshine Act (Sunshine Act), 5 U.S.C. § 552b, inapplicable to two types of Council action: (1) advising the President and (2) other actions on which the Council is not required...

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