National Trust for Historic Preservation in the U.S. v. NPS
Legal Issues
Overview
Overview
The government appealed Judge Leon's order which halted the construction of the White House ballroom.
The Issue
Issue
Whether the government's planned demolition of the White House East Wing to construct a ballroom violates the National Historic Preservation Act's consultation requirements and constitutes arbitrary and capricious agency action under the Administrative Procedure Act.
The Rules
Rule
The National Historic Preservation Act requires federal agencies to take into account the effect of their undertakings on historic properties and provide the Advisory Council on Historic Preservation a reasonable opportunity to comment. Agency action is arbitrary and capricious under the APA if it lacks a rational basis or fails to consider relevant factors.
The Application
Analysis
Judge Leon halted the ballroom construction project, finding the government failed to comply with NHPA consultation procedures before approval. The government appealed, contending either that the White House is exempt from NHPA consultation requirements or that adequate notice and opportunity for comment were provided.
The Conclusion
Conclusion
The CADC affirmed or reversed Judge Leon's preliminary injunction, determining whether federal agencies must comply with NHPA consultation procedures for executive branch property and whether the government satisfied those requirements.
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