Case 7

Petterson v. Froehlke, 354 F. Supp. 45 (D. Or. 1972).

Property owners objected to the proposed expansion of the Portland International Airport and construction of a bridge and a segment of highway. The project involved filling part of the Columbia River and removing all or part of three islands. Plaintiffs alleged that the project would affect the Fort Vancouver National Historic Site, located more than 10 miles from the airport, and that the National Historic Preservation Act (NHPA) therefore invalidated a dredge and fill permit that had been issued by the United States Army Corps of Engineers.

The court disagreed and dismissed the complaint, holding that NHPA did not invalidate the Corps' action and that the project's effects on the historic site were too slight to require the Federal agencies to comply with NHPA. 354 F. Supp. at 50.

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