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NATURAL RESOURCES DEFENSE COUNCIL v. D.O.E.

No. 02-5387.

353 F.3d 40 (2004)

NATURAL RESOURCES DEFENSE COUNCIL and Tri-Valley Cares, Appellees, v. DEPARTMENT OF ENERGY and Spencer Abraham, Secretary of Energy, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 2, 2004.

Attorney(s) appearing for the Case

Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Mark B. Stern, Attorney.

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

Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

This appeal presented the question whether the Federal Advisory Committee Act ("FACA"), 5 U.S.C.App. 2, applied to a committee the Department of Energy formed to provide it with advice regarding the National Ignition Facility at Lawrence Livermore National Laboratory in California. The committee, which is known as the November 2001 Status Review Committee, consisted...

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