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CLAYBROOK v. SLATER

No. 96-5189.

111 F.3d 904 (1997)

Joan B. CLAYBROOK, Appellant, v. Rodney E. SLATER, Administrator, Federal Highway Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 1997.

Attorney(s) appearing for the Case

David C. Vladeck, Washington, DC, argued the cause for the appellant. Michael E. Tankersley was on brief. Lucinda A. Sikes entered an appearance.

Jonathan T. Foot, Attorney, United States Department of Justice, argued the cause for the appellee. Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, and Mark B. Stern and Michael S. Raab, Attorneys, United States Department of Justice, were on brief.

Before WILLIAMS, HENDERSON and RANDOLPH, Circuit Judges.

KAREN 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...

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