"But the flaws weren't limited to scientific deficiencies. Two advocacy organizations, the Environmental Defense Fund and Union of Concerned Scientists, sued, alleging that the Climate Working Group violated various provisions of the Federal Advisory Committee Act. This requires that any groups formed to provide the government with advice must be fairly balanced and keep records that are open to the public."
"In court, the government initially argued that the Federal Advisory Committee Act didn't apply, claiming that the Climate Working Group was simply organized to provide information to the government. Based on Friday's ruling, however, once the court tried to consider that issue, the government shifted to simply arguing that the Climate Working Group no longer existed, so none of this mattered."
Two advocacy organizations sued, alleging that the Climate Working Group violated provisions of the Federal Advisory Committee Act requiring balanced membership and public records. The Climate Working Group operated in secret, and emails showed members were advised to use private emails to limit public scrutiny. The Department of Energy dissolved the Climate Working Group to argue the legal issues were moot. The government initially argued FACA did not apply, then argued mootness after the dissolution. The court found that the defendants ignored the FACA violation allegations, and the violations were established as a matter of law.
Read at Ars Technica
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