John Roberts on Energy & Oil
Supreme Court Justice (nominated by Pres. George W. Bush 2005)
This appeal presented the question whether the Federal Advisory Committee Act (FACA) applied to a committee the Department of Energy formed to provide it with advice. The Committee consisted of federal employees and contractors who manage and operate Department-owned laboratories. The district court held that FACA applied to the committee and that the Department had failed to comply with FACA’s requirements to disclose committee documents.
On Nov. 24, 2003, after the case had been argued, the President signed into law the National Defense Authorization Act, stating that “Department of Energy Project Review Groups are not subject to FACA.” The new legislation had the effect of exempting Department of Energy committees, as the NRDC concedes.
We therefore remand the case to the district court for the purpose of altering its judgment.
Joined by the courts into one suit, eight states, New York City, and three nonprofit land trusts filed actions against five major electric power companies claiming their carbon dioxide discharges, by contributing to global warming, have interfered with public rights in violation of federal common law, or of state tort law.
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Ruth Bader Ginsburg
Sandra Day O'Connor
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