“The U.S. Environmental Protection Agency recently issued a directive announcing new membership priorities for its federal advisory committees (the “Directive”). The Directive requires, in part, “that no member of an EPA federal advisory committee be currently in receipt of EPA grants.” The Plaintiffs complain that this requirement is arbitrary and capricious, conflicts with several statutes and regulations governing advisory committees, and is a shift in policy that EPA failed to explain.
EPA’s Acting Administrator,1 however, has moved to dismiss the suit under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). At the outset, EPA alleges that the Plaintiffs lack standing and their claims are unripe. It also argues that because the Directive is an appointment policy, it is a matter reserved to agency discretion and the Plaintiffs largely rely on statutes that are either inapposite or offer no meaningful standard for review. And even if the Plaintiffs have identified applicable statutes, EPA argues that the Plaintiffs have failed to allege a violation of any specific statutory provision. For the reasons stated below, EPA’s motion to dismiss will be granted.” click here