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Pacific Legal Found. v. Council on Envtl. Quality

ELR Citation: 9 ELR 20610
Nos. No. 79-116, 13 ERC 1273/(D.D.C., 06/19/1979)

Granting defendants' motion for summary judgment, the court rejects plaintiff's challenges to the legality of the procedures used by the Council on Environmental Quality in carrying out its functions. The Council is not subject to the common-law quorum rule because the agency's statutory purposes and mission supersede general common-law principles, and the Council's mode of operation does not contravene the statute creating it. The court also rules that even though the Council has published Government in the Sunshine Act regulations, it is not an agency within the meaning of the Sunshine Act and is exempt from the statutes when acting in its capacity as advisor to the president.

Counsel for Plaintiff
Ronald A. Zumbrun
Pacific Legal Foundation
455 Capitol Mall, Suite 465, Sacramento CA 95814
(916) 444-0154

Raymond M. Momboisse, Sam Kazman
Pacific Legal Foundation
1990 M St. NW, Suite 550, Washington DC 20036
(202) 466-2686

Counsel for Defendants
Vincent M. Garvey; Barbara A. Babcock, Ass't Attorney General; Lawrence R. Liebesman, Mark C. Rutzick
Civil Division
Department of Justice, Washington DC 20530
(202) 633-3442

Foster Knight
Council on Environmental Quality
722 Jackson Place NW, Washington DC 20006
(202) 395-4616