In an action claiming that the Department of Commerce (DOC) violated the Federal Advisory Committee Act (FACA) by failing to document aspects of the North American Competitiveness Council's meetings, dismissal of the action is reversed where plaintiff had standing to pursue the action because the DOC was subject to an array of FACA obligations concerning the Council and its sub-groups that were entirely within its power to discharge, and thus the DOC had the power to redress the failure to disclose the information at issue.
Argued September 21, 2009
Decided October 9, 2009
Opinion by Judge Williams
James F. Peterson and Paul J. Orfanedes, Washington, DC
Abby C. Wright, Tony West, Mark B. Stern, U.S. Department of Justice, Washington, DC