United States DC Circuit

Petition for review of defendant's order -- determining construction of wireless communication towers is an undertaking under the National Historic Preservation Act and deferring determination by historic preservation council that the Act protects properties meeting criteria for register of historic places -- is denied over claim that the order was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

Appellate Information

• Argued 12/08/2005
• Decided 09/26/2006
• Published 09/26/2006

Judges

• Before:  TATEL, GARLAND and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Donald B. Verrilli, Jr. argued the cause for petitioner.   With him on the briefs were Ian H. Gershengorn and Michael F. Altschul.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were James C. Kilbourne and Todd S. Kim, Attorneys, U.S. Department of Justice, and Samuel L. Feder, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Richard K. Welch, Counsel, Federal Communications Commission.  Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.