Page:United States Reports, Volume 542.djvu/406

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No. 03–475.

Among its rulings, the District Court granted the defendants' motion to dismiss as to some of them, but denied it as to others. The Court held that FACA's substantive requirements could be enforced against the Vice President and the other Government participants under the Mandamus Act, 28 U.S C. § 1361, and against the agency defendants under the Administrative Procedure Act, 5 U.S.C. § 706. It deferred ruling on whether the FACA disclosure duty was sufficiently clear and nondiscretionary for mandamus to issue. It also deferred ruling on the Government's contention that to disregard the § 2(B) exemption and apply FACA to the Group would violate separation of powers principles