BYRD v. U.S. E.P.A.

No. 98-5180.

174 F.3d 239 (1999)

Daniel M. BYRD, III, Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1999.


Attorney(s) appearing for the Case

Thomas R. Bartman argued the cause for the appellant. James V. Delong was on brief for the appellant.

Thomas M. Bondy, Attorney, United States Department of Justice, argued the cause for the appellee. Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, United States Attorney, and Mark B. Stern, Attorney, United States Department of Justice, were on brief for the appellee. Alisa B. Klein, Attorney, United States Department of Justice, entered an appearance.

Before: EDWARDS, Chief Judge, WILLIAMS and HENDERSON, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON. Separate opinion concurring in part and dissenting in part filed by Circuit Judge WILLIAMS.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Daniel M. Byrd seeks reversal of the district court's grant of summary judgment to the Environmental Protection Agency (EPA) on his claim that EPA violated the Federal Advisory Committee Act (FACA), 5 U.S.C.App. II §...

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