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CENTER FOR POLICY ANALYSIS TRADE v. OFFICE OF U.S.

No. 06-16682.

540 F.3d 940 (2008)

CENTER FOR POLICY ANALYSIS ON TRADE AND HEALTH (CPATH); California Public Health Association-North; Chinese Progressive Association; Physicians For Social Responsibility, Plaintiffs-Appellants, and American Nurses Association, Plaintiff, v. OFFICE OF The UNITED STATES TRADE REPRESENTATIVE; United States Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2008.

Attorney(s) appearing for the Case

Martin Wagner (argued) and Sarah Burt, Earthjustice, Oakland, CA, counsel for the plaintiffs-appellants.

Mark B. Stern (argued) and Alisa B. Klein, United States Department of Justice, Civil Division, Washington, DC, counsel for the defendants-appellees.

Before: PROCTER HUG, JR. and N. RANDY SMITH, Circuit Judges, and RICHARD MILLS, District Judge.

N. RANDY SMITH, Circuit Judge:

The "fairly balanced" membership requirement, imposed by the Federal Advisory Committee Act ("FACA") and applied to the Trade Act of 1974 ("Trade Act"), is not reviewable because those statutes provide us with no meaningful standards to apply. The district court therefore properly dismissed the complaint by the Center for Policy Analysis on Trade and Health, California Public Health Association— North, Chinese Progressive Association...

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