UNION OF CONCERNED SCIENTISTS v. WHEELER

No. 19-1383.

954 F.3d 11 (2020)

UNION OF CONCERNED SCIENTISTS and Elizabeth Anne Sheppard, Plaintiffs, Appellants, v. Andrew WHEELER, in his official capacity as Administrator of the Environmental Protection Agency, and United States Environmental Protection Agency, Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 23, 2020.


Attorney(s) appearing for the Case

Zachary C. Schauf , with whom Lindsay C. Harrison , Samuel C. Birnbaum , Julian J. Ginos , Jenner & Block LLP, Washington, DC, Justin Florence , Benjamin L. Berwick , Jamila G. Benkato , and The Protect Democracy Project were on brief, for appellants.

Robert W. Ferguson , Attorney General of Washington, and Kelly T. Wood , Assistant Attorney General, Washington State Attorney General's Office, Counsel for Environmental Protection, were on brief for amici curiae the states of Washington, California, Connecticut, Illinois, Maryland, New Jersey, New York, Oregon, Pennsylvania, the Commonwealth of Massachusetts, and the District of Columbia.

Shaun A. Goho , Seattle, WA, Lynne I. Dzubow , and the Emmett Environmental Law & Policy Clinic, Harvard Law School, were on brief for amici curiae Lynn R. Goldman, Bernard Goldstein, David Michaels, Kenneth Olden, Bob Perciasepe, and Terry Yosie.

Jeffrey E. Sandberg , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC, with whom Joseph H. Hunt , Assistant Attorney General and Mark B. Stern , Attorney, Appellate Staff, Civil Division, were on brief, for appellees.

Before Torruella, Lynch, and Kayatta, Circuit Judges.


This case arises from a directive issued by the EPA that prohibits EPA grant recipients — who are mostly employed by universities and other nonprofit institutions — from sitting on the EPA's twenty-two scientific advisory committees. A group of scientists affected by the directive complains that the directive...

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