This section contains the nature of the case and procedural background.

President Clinton attended a forest conference to address the conflict between the forest industry and environmental groups and federal forest land. Afterward, 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.

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