however their affiliation is termed, are not an "advisory committee" within the meaning of the Act, and their labors may go forward as presently contemplated, and without plaintiff's being in attendance whenever they happen to be together.
In light of the Court's disposition of defendants' motion for summary judgment, it is unnecessary to reach the balance of NRDC's application for a preliminary injunction. But, for purposes of review on appeal, the Court finds that the NRDC has failed to show that it is entitled to injunctive relief in the other essential respects as well. See Washington Metropolitan Area Transit Comm'n v. Holiday Tours, Inc., 182 U.S. App. D.C. 220, 559 F.2d 841, 842-44 (D.C. Cir. 1977); Virginia Petroleum Jobbers Ass'n v. FPC, 104 U.S. App. D.C. 106, 259 F.2d 921, 925 (D.C. Cir. 1958).
In addition to its actual failure of success on the merits, it is unlikely that NRDC will remain for long in doubt as to what the experts will recommend, for their reports will, if not otherwise exempt, be available by way of a request under the Freedom of Information Act, 5 U.S.C. § 552. And, to the extent it wants to be sure that the Secretary acts only upon information which is "thorough and objective," and is fearful that the work of the experts will be neither, it is entitled to give him its own advice, with or without invitation, at any time. Its "injury," therefore, such as it is, is neither substantial nor irreparable, whereas the injury which could be done the Secretary, not to mention the rest of the country, by an indefinite delay of his inquiry while this case proceeds through the courts is too substantial and irreparable to contemplate.
For the foregoing reasons, therefore, it is, this day of June, 1986,
ORDERED, that plaintiff's application for a preliminary injunction is denied; and it is
FURTHER ORDERED, that defendants' motion for summary judgment is granted, and the complaint is dismissed with prejudice.