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FACA (view source)

Revision as of 03:11, November 7, 2022

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→‎Subcommittees

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''Elec. Privacy Info. Ctr. v. Drone Advisory Comm.'', 452 U.S. App. D.C. 106, 112-13, 995 F.3d 993, 999 (2021).

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<blockquote>For that reason, in Nat'l Anti-Hunger Coal. v. Exec. Comm. of President's Priv. Sector Surv. on Cost Control, task forces subordinate to two advisory committees that were "intimately involved in the gathering of information about federal programs and the formulation of possible recommendations for consideration" were nevertheless outside the scope of FACA because they did "not provide advice directly to the President or any agency, but rather are utilized by and provide advice to only the Executive Committee, which then provides advice to the President or agency." 557 F. Supp. 524, 529 (D.D.C. 1983), aff'd, 711 F.2d 1071, 229 U.S. App. D.C. 143 (D.C. Cir. 1983); see also Elec. Priv. Info. Ctr. v. Drone Advisory Comm., 369 F. Supp. 3d 27, 46 (D.D.C. 2019), aff'd, 995 F.3d 993, 452 U.S. App. D.C. 106 (D.C. Cir. 2021) (holding that subcommittee task groups that "did not provide advice or recommendations directly to the [agency]" were not advisory committees for FACA purposes). Here, however, the E-Bike Group consisted partially of federal officials and agency members themselves and was not subordinate to any other formalized decision-making body. It does not matter what "level" of policymakers participated in the E-bike group, because the E-bike Group was the direct "point of contact between the public and the government." Ass'n of Am. Physicians & Surgeons, Inc., 997 F.2d at 913.

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Considering all these elements together, the Court believes that the E-bike Group was an advisory committee within the meaning of FACA. That does not mean, however, that Plaintiffs are entitled to the relief that they seek.</blockquote>

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''Pub. Emps. for Env't Responsibility v. Nat'l Park Serv.'', Civil Action No. 19-3629 (RC), 2022 U.S. Dist. LEXIS 93204, at *51-52 (D.D.C. May 24, 2022).

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