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SALT INSTITUTE v. LEAVITT

No. 05-1097.

440 F.3d 156 (2006)

SALT INSTITUTE; Chamber of Commerce of the United States of America, Plaintiffs-Appellants, v. Michael O. LEAVITT, Secretary of Health and Human Services, Defendant-Appellee. Grocery Manufacturers of America; National Association of Home Builders, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 2006.

Attorney(s) appearing for the Case

ARGUED: Catherine E. Stetson, Hogan & Hartson, L.L.P., Washington, D.C., for Appellants. Alisa Beth Klein, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee. ON BRIEF: Stephen A. Bokat, Robert Costagliola, National Chamber Litigation Center, Inc., Washington, D.C.; Reed Rubinstein, Mark E. Solomons, Greenberg Traurig, Washington, D.C., for Appellants. Peter D. Keisler, Assistant Attorney General, Paul J. McNulty, United States Attorney, Mark B. Stern, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee. Richard S. Silverman, Gregory G. Garre, Dirk C. Phillips, Hogan & Hartson, L.L.P., Washington, D.C., for Amicus Curiae Grocery Manufacturers of America Supporting Appellants. Thomas J. Ward, National Association of Home Builders, Washington, D.C.; Karl S. Bourdeau, Gus B. Bauman, Leah A. Dundon, Beveridge & Diamond, P.C., Washington, D.C., for Amicus Curiae National Association of Home Builders Supporting Appellants.

Before WIDENER, LUTTIG, and KING, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge KING joined.

LUTTIG, Circuit Judge.

Plaintiffs-appellants, The Salt Institute and the Chamber of Commerce, claim that the Information Quality Act (IQA) grants them a legal right to accurate information and that defendant-appellee, the Secretary of Health and Human Services, Michael Leavitt, has deprived them of this right. The agency concluded that appellants had...

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