Presidio Historical Ass'n v. Presidio Trust

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Administrative Law
  • Date Filed: 01-27-2016
  • Case #: 13-16554
  • Judge(s)/Court Below: Circuit Judge McKeown for the Court; Circuit Judges Thomas and Reinhardt
  • Full Text Opinion

The National Historic Preservation Act requires the head of the responsible Federal agency to his maximum capacity possible to plan and take action as necessary to minimize harm to the landmark.

The Presidio is a newfound National Park and a National Historic Landmark. The area of the Presidio at issue in the case at bar is managed by the Presidio Trust (the Trust), a wholly-owned government corporation created by the Presidio Trust Act. Additionally the Trust is governed by the Presidio Trust Act and the National Historic Preservation Act (NHPA). The district court granted summary judgment favoring the Trust on the grounds that the designated location of the lodge to be built complied with the National Historic Preservation Act (NHPA). On appeal, the Ninth Circuit resolved the issue of whether, pursuant to 54 U.S.C.A. § 306107 and with regards to the lodge location and design, the Trust complied with Section 110(f) of the NHPA, which required the Trust to the best of the Trust’s ability to assume planning and actions as needed to minimize harm to landmarks. The NHPA requires agencies undertaking a project that is expected to adversely affect a public or private site that is mentioned on the National Register of Historic Places to account for effects of the undertaking on any historic property. Additionally, the NHPA requires the head of the responsible Federal agency to his maximum capacity possible to plan and take action as necessary to minimize harm to the landmark. The panel held that the Trust gave the Park Service and the Presidio Historical Association comprehensive and reasoned consideration, and thus satisfied the requirement under the NHPA. AFFIRMED.

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