NORTHWEST FOREST RESOURCE COUNCIL V. ESPY
846 F.Supp. 1009 (D.D.C. 1994)
NATURE OF THE CASE: This was review of a claim by Northwest (P) that FEMAT was an
advisory committee under the FACA. The case is before the court on cross-motions for summary
judgment.
FACTS: President Clinton attended a forest conference to address the conflict between the
forest industry and environmental groups and federal forest land. Afterwards, they created
an inter-agency group called the Forst Conference Executive Committee which was to direct
the Forest Ecosystem Management Assessment Team (FEMAT) (D). D had six teams of both
government and private contractors all paid with federal funds. D was to maximize social and
economic benefits of federally owned forest land by the use of ecosystem friendly management
strategies. A number of members of D were full time professors and continued to get their
school salaries as well as money from D. Northwest (P) represented timber and forest
industries and claimed that D was an advisory committee under the FACA. D denied that status
but even if it were it was exempt or it was a violation of separation of powers to apply
FACA under these circumstances.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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