ELR Citation: 49 ELR 20055
No(s). 18-cv-613 (S.D.N.Y. Mar 21, 2019) (Pauley, J.)

A district court dismissed for lack of standing an environmental group's challenge to an EPA directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. The group argued the directive was arbitrary and capricious because the Agency did not explain how the directive comported with Federal Advisory Committee Act (FACA) requirements that federal advisory committees be fairly balanced and not inappropriately influenced by special interests, nor did it explain how it complied with statutory requirements that the committees have members with relevant scientific expertise. But the court found that the group lacked standing because it failed to sufficiently allege a cognizable injury in fact either to itself or its members. It therefore dismissed the suit.