Guerrero

concurring separately:

I join in the decision and in Judge Rymer’s opinion. I write separately to emphasize my understanding that the court makes no ruling on the relaxed redressability test for procedural standing. The governments’ alleged injury is not redressable because the adequacy of the reports, the only pending dispute, is not subject to judicial review for the reasons stated in Hodel.

Opinion by Judge RYMER; Concurrence by Judge BROWNING.

This is a challenge by Carlotta Leon Guerrero, a Guam legislator, the Government of the Territory of Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and the State of Hawaii, 1 to the failure of the Director of the Office of Insular Affairs 2 to issue a report to Congress annually as required by the Compact of Free Association Act of 1985, 48 U.S.C. § 1904 (e)(2), and to the failure of the cumulative report submitted in 1996 (after this litigation was commenced) adequately to address the impact of the Compact. The Director appeals the district court’s summary judgment and order requiring him to file reports, holding the 1996 report deficient, and ordering him to furnish information that Congress did not specifically ask for in § 1904(e).

W¿ must decide whether Guerrero and Guam, CNMI, and Hawaii, whose economies may be adversely affected by the Compact, have standing to pursue this challenge. A related question is whether we can review the adequacy of the Director’s 1996 report under the Administrative Procedure Act (APA), 5 U.S.C. § 702 , or the Mandamus and Venue Act (MVA), 28 U.S.C. § 1361 . In the unusual…