Reply #13: GAO case and Sierra Club case are different

[Jim Lane]

The GAO suit was dismissed on grounds of separation of powers -- the GAO, as an arm of the legislative branch, is constrained from interfering with the executive branch (by compelling disclosure of executive branch documents). The GAO decided not to appeal that dismissal.

The private parties bringing suit (the Sierra Club and Judicial Watch) were under no such disability, however. That case is still alive. Last June the Supreme Court sent the case back to the D.C. Circuit for further proceedings. The next round will come in oral argument before the D.C. Circuit on January 27, 2005.

The Sierra Club has a chronology (updated as of last month) at <http://www.sierraclub.org/environmentallaw/lawsuits/viewCase.asp?id=173> and a collection of key documents (the Supreme Court opinions, a transcript of the oral argument, etc.) at <http://www.sierraclub.org/environmentallaw/cheney_case/>.