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BROWN v. U.S.

Nos. 02-5193 and 02-5194.

327 F.3d 1198 (2003)

P. Hamilton BROWN, et al., Appellees, v. UNITED STATES of America and Thomas J. Ridge, Secretary, Department of Homeland Security, Appellants. District of Columbia, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 2003.

As Amended May 6, 2003.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and William Kanter, Deputy Director.

Michael J. Kator argued the cause and filed the brief for appellees.

Before: SENTELLE and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring opinion filed by Senior Circuit Judge SILBERMAN.

ROGERS, Circuit Judge:

This case concerns the Treasury Department's attempt to overcome the conceptual incompatibility of two statutes. Specifically at issue is Treasury's selection of a "weighted national average" methodology to calculate locality pay increases under the Federal Law Enforcement Pay Reform Act of 1990 ("FLEPRA"), incorporated...

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