Federal Historic Preservation Case Law, 1966-1996
Federal Historic Preservation Case Law Update, 1996-2000

Table of Contents

Part One:

An Overview of Federal Historic Preservation Law, 1966-1996

I. Introduction
A. Background
B. Scope of Report

II. The National Historic Preservation Act
A. Purpose and Structure
B. Legislative History
C. Key Statutory Provisions: Sections 106 and 110
1. Section 106
2. Section 110

III. Section 106 Implementing Regulations
A. Current Regulations
B. Proposed Regulations

IV. Court Opinions on Compliance with Section 106 and the Council's Regulations
A. Applicability of Section 106
1. Section 106 applies to Federal agencies
2. Section 106 applies to Federal undertakings
3. Timing: When an agency must comply with Section 106
4. Section 106 applies to eligible and listed properties
B. Court Decisions Interpreting the Section 106 Process
1. Identification and evaluation
2. Assessing effects
3. The Council's opportunity to comment
4. Effects of the Council's comments

V. Court Opinions on Compliance with Section 110

VI. Executive Orders

A. Executive Order No. 11593
B. Executive Order No. 13006
C. Executive Order No. 13007

VII. Attorneys' Fees and Costs in Preservation Cases

VIII. Related Authorities Involving Historic Preservation
A. The National Environmental Policy Act
B. Transportation Authorities
C. Other Statutes
1. Historical and Archeological Data Preservation Act of 1974 (HADPA) and Archeological Resources Protection Act of 1979 (ARPA)
2. Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)
3. American Indian Religious Freedom Act of 1978 (AIRFA)

IX. Procedural Questions in Litigating Preservation Cases
A. Jurisdiction
B. Standing
C. Laches
D. Ripeness and Mootness
E. Scope and Standard of Review
F. Remedies

X. Conclusion

Part Two:

Summaries of Court Decisions Involving Federal Historic Preservation Law


1. Kent County Council for Historic Preservation v. Romney
2. South Hill Neighborhood Association v. Romney
3. Ely v. Velde (Ely I)
4. Miltenberger v. Chesapeake & Ohio Railway
5. Boston Waterfront Residents Association v. Romney
6. District of Columbia Federation of Civic Associations v. Volpe
7. Petterson v. Froehlke
8. Scenic Hudson Preservation Conference v. Federal Power Commission
9. Thompson v. Fugate
10. River v. Richmond Metropolitan Authority
11. Saint Joseph Historical Society v. Land Clearance for Redevelopment Authority
12. Ely v. Velde (Ely II)
13. Environmental Defense Fund v. Tennessee Valley Authority
14. James v. Lynn
15. Pennsylvania v. Morton
16. Warm Springs Dam Task Force v. Gribble
17. Committee on Civic Rights of the Friends of the Newburyport Waterfront v. Romney
18. Don't Tear It Down, Inc. v. General Services Administration
19. Save the Courthouse Committee v. Lynn
20. Columbia Basin Land Protection Association v. Kleppe
21. Committee to Save the South Green v. Hills
22. Edwards v. First Bank of Dundee
23. Montana Wildlife Federation v. Morton
24. Stop H-3 Association v. Coleman
25. United States ex rel. Tennessee Valley Authority v. Three Tracts of Land
26. United States v. 4.18 Acres of Land
27. Ad Hoc Committee to Save the Old Carnegie Library Building v. City of Atlanta
28. Coalition for Responsible Regional Development v. Coleman
29. Dixon v. Coleman
30. Hart v. Denver Urban Renewal Authority
31. Philadelphia Council of Neighborhood Organizations v. Coleman
32. Citizens' Committee for Environmental Protection v. United States Coast Guard
33. Citizens' Defense Fund v. Gallagher
34. District of Columbia Federation of Civic Associations v. Adams
35. Evans v. Train
36. Hall County Historical Society v. Georgia Department of Transportation
37. Historic Preservation of Shreveport v. Department of Health, Education, and Welfare
38. Inman Park Restoration, Inc. v. Urban Mass Transportation Administration
39. Libby Rod & Gun Club v. Poteat
40. United States v. 45,149.58 Acres of Land
41. Weintraub v. Rural Electrification Administration
42. Aluli v. Brown
43. Blue Grass Land & Nature Trust, Inc. v. Adams
44. Central Oklahoma Preservation Alliance, Inc. v. Oklahoma City Urban Renewal Authority
45. City of Columbia v. Soloman
46. Cobble Hill Association v. Adams
47. Nehring v. Harris
48. Soucheray v. Corps of Engineers
49. Aertson v. Landrieu
50. Birmingham Realty Company v. General Services Administration
51. Capitol Hill Restoration Society v. Heimann
52. Carson v. Alvord
53. Committee to Save the Fox Building v. Birmingham Branch of the Federal Reserve Bank
54. Don't Tear it Down, Inc. v. Pennsylvania Avenue Development Corporation
55. Historic Green Springs, Inc. v. Bergland
56. Hoe v. Alexander
57. Kansas v. Adams
58. National Center for Preservation Law v. Landrieu
59. Neighborhood Development Corporation v. Advisory Council on Historic Preservation
60. Sequoyah v. Tennessee Valley Authority
61. Wisconsin Heritages, Inc. v. Harris
62. Bennett v. Taylor
63. Black Hills Alliance v. Regional Forester
64. Catholic Action of Hawaii/Peace Education Project v. Brown
65. Nashvillians Against I-440 v. Lewis
66. National Indian Youth Council v. Andrus
67. Puerto Rico v. Muskie
68. WATCH v. Harris
69. White v. Shull
70. Barcelo v. Brown
71. Bayou St. John Improvement Association v. Sands
72. Citizens & Landowners Against the Miles City/New Underwood Powerline v. Secretary, United States Department of Energy
73. Goodman Group, Inc. v. Dishroom
74. Hough v. Marsh
75. Natural Resources Defense Council v. City of New York
76. Preservation Coalition, Inc. v. Pierce
77. Vieux Carré Property Owners, Residents, & Associates v. Pierce
78. Wicker Park Historic District Preservation Fund v. Pierce
79. Benton Franklin Riverfront Trailway & Bridge Committee v. Lewis
80. Fill the Pool Committee v. Village of Johnson City
81. Morris County Trust for Historic Preservation v. Pierce
82. National Trust for Historic Preservation v. United States Army Corps of Engineers
83. Northwest Indian Cemetery Protective Association v. Peterson
84. Paulina Lake Historic Cabin Owners Association v. United States Department of Agriculture Forest Service
85. Wilson v. Block
86. United States v. 162.20 Acres of Land
87. Colorado River Indian Tribes v. Marsh
88. Sierra Club v. Watt
89. Boyd v. Roland
90. Save the Tivoli, Inc. v. United States Department of Housing and Urban Development
91. Techworld Development Corporation v. District of Columbia Preservation League
92. Town of Belmont v. Dole
93. National Trust for Historic Preservation v. Dole
94. Ringsred v. City of Duluth
95. Coalition Against a Raised Expressway, Inc. v. Dole
96. Connecticut Trust for Historic Preservation v. Interstate Commerce Commission
97. Washington Trust for Historic Preservation v. City of Seattle
98. Historic Preservation Guild of Bay View v. Burnley
99. Illinois Commerce Commission v. Interstate Commerce Commission
100. Lee v. Thornburgh
101. Attakai v. United States
102. Bywater Neighborhood Association v. Tricarico
103. Ferris v. Secretary of the United States Department of Transportation
104. Friends of Sierra Railroad v. Interstate Commerce Commission
105. People for Responsible Omaha Urban Development v. Interstate Commerce Commission
106. Walsh v. United States Army Corps of Engineers
107. Boarhead Corporation v. Erickson
108. El Rancho La Comunidad v. United States
109. Village of Los Ranchos v. Barnhart
110. Citizens for the Scenic Severn River Bridge, Inc. v. Skinner
111. Communities, Inc. v. Busey
112. Commonwealth of Kentucky v. United States Army Corps of Engineers
113. McMillan Park Committee v. National Capital Planning Commission
114. North Oakland Voters Alliance v. City of Oakland
115. Sugarloaf Citizens Association v. Federal Energy Regulatory Commission
116. Waterford Citizens' Association v. Reilly
117. Yerger v. Robertson
118. Abenaki Nation of Mississquoi v. Hughes
119. Gettysburg Battlefield Preservation Association v. Gettysburg College
120. Indiana Coal Council v. Lujan
121. New Hanover Township v. United States Army Corps of Engineers
122. Pacific Gas Transmission Company v. Richardson's Recreational Ranch
123. Preservation League v. Lake Placid Land Corporation
124. West Branch Valley Flood Protection Association v. Stone
125. Apache Survival Coalition v. United States
126. City of Grapevine v. Department of Transportation
127. Daingerfield Island Protective Society v. Babbitt
128. National Trust for Historic Preservation v. Federal Deposit Insurance Corporation
129. Berkshire Scenic Railway Museum v. Interstate Commerce Commission
130. National Trust for Historic Preservation v. Department of State
131. Native Americans for Enola v. United States Forest Service
132. Pueblo of Sandia v. United States
133. Vieux Carré Property Owners, Residents, & Associates, Inc. v. Brown
134. National Trust for Historic Preservation v. Blanck
135. Streater v. United States Department of Transportation

1996-2000 Update:
136. Fein v. Peltier
137. Knowles v. United States Coast Guard
138. Apache Survival Coalition v. United States (Apache Survival II)
139. Sierra Club v. Slater
140. American Institute of Architects v. City of Columbus
141. Tyler v. Cisneros
142. Brewery Dist. Soc. v. Federal Highway Administration
143. USS Cabot CVL 28 Association, Inc. v. Josiah
144. Friends of the Atglen-Susquehanna Trail, Inc. v. Pennsylvania Public Utility Commission
145. Grand Canyon Air Tour Coalition v. Federal Aviation Administration
146. Society Hill Towers Owners' Association v. Rendell
147. Friends of the Astor, Inc. v. City of Reading
148. Presidio Golf Club v. National Park Service
149. Morongo Band of Mission Indians v. Federal Aviation Administration
150. Davis v. Latschar
151. Hoonah Indian Association v. Morrison
152. Corridor H Alternatives, Inc. v. Slater
153. City of Alexandria v. Slater
154. Concerned Citizens Alliance, Inc. v. Slater
155. Muckleshoot Indian Tribe v. United States Forest Service
156. Sac and Fox Nation of Missouri v. Babbitt
157. Western Mohegan Tribe and Nation v. New York
158. Young v. General Services Administration

Part Three:

Tables and Subject Index

Chronological Table of Cases
Alphabetical Table of Cases
Table of Cases by Agency or Subagency
Table of Authorities Cited in Case Summaries
Subject Index of Cases
  • A-B
  • C-D
  • E-F
  • G-I
  • J-M
  • N
  • O-S
  • T-Z

    Go to Top Case Law Report Home Page Search