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NATURAL RESOURCES DEFENSE COUNCIL v. PENA

Nos. 97-5253, 97-5254.

147 F.3d 1012 (1998)

NATURAL RESOURCES DEFENSE COUNCIL, et al., Appellees, v. Federico F. PENA, Secretary, The Department of Energy, and National Academy of Sciences, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 1998.

Attorney(s) appearing for the Case

Alisa B. Klein, Attorney, United States Department of Justice, argued the cause for the federal appellant. Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, United States Attorney at the time the brief was filed, and Mark B. Stern, Attorney, United States Department of Justice, were on brief.

Nathan C. Sheers argued the cause for appellant National Academy of Sciences. Carter G. Phillips, James R. Wright and Audrey Byrd Mosley were on brief.

Howard Crystal argued the cause for the appellees. Eric R. Glitzenstein was on brief.

Before: HENDERSON, ROGERS and GARLAND, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge:

This appeal poses the recurring question of what remedy is appropriate for a federal agency's violation of the Federal Advisory Committee Act, 5 U.S.C.App. 2, §§ 1 et seq., (FACA). The appellants, the United States Department of Energy (Department or DOE) and the National Academy of Sciences (Academy or NAS), appeal the district court's grant of a permanent injunction against the Department's use of or reliance...

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