PHYSICIANS FOR SOCIAL RESPONSIBILITY v. WHEELER

No. 19-5104.

956 F.3d 634 (2020)

PHYSICIANS FOR SOCIAL RESPONSIBILITY, et al., Appellants v. Andrew WHEELER, Administrator, U.S. Environmental Protection Agency, in his Official Capacity, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2020.


Attorney(s) appearing for the Case

Neil Gormley argued the cause for appellants. With him on the briefs were Tosh Sagar , Michael Burger , and Patti Goldman , Seattle, WA.

Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, Kelly T. Wood , Assistant Attorney General, Xavier Becerra , Attorney General, Office of the Attorney General for the State of California, William Tong , Attorney General, Office of the Attorney General for the State of Connecticut, Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Daniel I. Rottenberg , Assistant Attorney General, Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, Joshua M. Segal , Special Assistant Attorney General, Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Lisa Morelli , Deputy Attorney General, Letitia James , Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, Michael J. Myers , Senior Counsel, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Josh Shapiro , Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Christophe Courchesne , Assistant Attorney General and Chief, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, and Loren L. AliKhan , Solicitor General, were on the brief for amici curiae the States of Washington, et al. in support of plaintiff-appellants and reversal.

Shaun A. Goho , Seattle, WA, was on the brief for amici curiae Lynn R. Goldman , et al. in support of appellants and reversal.

Jeffrey E. Sandberg , Attorney, U.S. Department of Justice, Washington, DC, argued the cause for appellee. With him on the brief was Mark B. Stern , Attorney.

Before: Rogers and Tatel, Circuit Judges, and Ginsburg, Senior Circuit Judge.


The Environmental Protection Agency (EPA) utilizes nearly two dozen scientific advisory committees—multimember groups that "review scientific research" relevant to the agency's regulatory objectives and generally "provide advice and expertise from outside the agency." National Research Council, Science for Environmental...

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