The court held that NHPA did not apply because the historic district had not been listed in the Register until after the approval of the grant. That the process of accomplishing the listing had begun at the time the grant contract was executed was immaterial. 366 F. Supp. at 609. [Ed. note: In 1976, Congress amended NHPA to extend coverage to properties eligible for inclusion in the Register as well as to those listed in the Register.]
Furthermore, the court rejected plaintiff's argument that NEPA protects historic buildings whether or not they are listed in the Register, finding that NEPA did not apply in the situation at bar. Id. at 609-12. The court denied injunctive relief. Id. at 613.
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