United States Ninth Circuit

In association's action against the U.S. Trade Representative and the U.S. Department of Commerce to remedy alleged violations of the Federal Advisory Committee Act (FACA), arising out of what it viewed as imbalance in the points of view represented by the Industry Trade Advisory Committees' membership, dismissal of the complaint is affirmed where the "fairly balanced" membership requirement, imposed by FACA and applied to the Trade Act of 1974, is not reviewable because those statutes provide the circuit court with no meaningful standards to apply.

Appellate Information

• Argued 05/16/2008
• Decided 08/22/2008
• Published 08/22/2008

Judges

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

Court

• United States Ninth Circuit

Counsel

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


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