Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Court Tosses Challenge to Advisory Committee Act

SAN FRANCISCO (CN) - A federal trade advisory committee cannot be found to lack "fairly balanced" membership because the applicable laws are not specific enough, the 9th Circuit ruled.

The Department of Commerce gets trade advice from Industry Trade Advisory Committees.

The Center for Policy Analysis on Trade and Health and three other groups sued the department, claiming the public health sector was underrepresented in six advisory committees, violating the Federal Advisory Committee Act (FACA) requirement for "fairly balanced" membership.

Judge Smith agreed with the district court that the act lacks meaningful, applicable standards, and a three-judge panel affirmed dismissal of the complaint.

"FACA does not define what constitutes a fairly balanced committee," Smith wrote, "in terms of points of view represented or functionality, or how that balance is to be determined."

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...