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CENTER FOR BIOLOGICAL DIVERSITY v. U.S. INT'L DFC

No. 22-5095.

77 F.4th 679 (2023)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Appellants v. U.S. INTERNATIONAL DEVELOPMENT FINANCE CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2023.

Attorney(s) appearing for the Case

William J. Snape, III argued the cause for appellants. With him on the briefs was Margaret A. Coulter .

Michelle Harrison was on the brief for amicus curiae Accountability Counsel in support of appellants.

Nicholas S. Crown , Attorney, U.S. Department of Justice, argued the cause for appellee. On the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Mark B. Stern and Samantha L. Chaifetz , Attorneys.

Before: Millett, Pillard, and Childs, Circuit Judges.

The Sunshine Act's "agency" definition only encompasses those with a majority of Board members whom the President appoints, and the Senate confirms, to such position. Government in the Sunshine Act (Sunshine Act), Pub. L. No. 94-409, 90 Stat. 1241, 1241 (1976) (codified at 5 U.S.C. § 552b(a)(1)). For years, the Center...

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