ELR Citation: 49 ELR 20054
No(s). 18-10129-FDS (D. Mass. Mar 27, 2019) (Saylor, J.)

A district court dismissed a nonprofit 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 that the directive violated the Federal Advisory Committee Act (FACA) requirement that committees be fairly balanced because it disproportionately excluded scientists with academic and nonprofit institutions. But the court found no objective standard to apply to determine when a committee's membership has, or has not, achieved a fair balance. The group also argued the directive violated FACA by creating committees that were inappropriately influenced by EPA, because they were established for an improper purpose; and by special interests, because the committees were now disproportionately composed of representatives of private industry and state and local governments. But the court again found no standard to determine whether a special interest could influence a particular committee and whether that influence rose to an inappropriate level. It therefore dismissed the suit for lack of subject matter jurisdiction and failure to state a claim.