United States DC Circuit

In case involving the disposition of Fort Ritchie under the National Environmental Policy Act and the National Historic Preservation Act, dismissal of action for lack of standing is reversed as plaintiffs had standing to pursue their NHPA claim, and the case is not moot.

Appellate Information

• Argued 12/07/2007
• Decided 02/05/2008
• Published 02/05/2008

Judges

• Before:  RANDOLPH, GRIFFITH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Scott M. Edson argued the cause for appellants.   With him on the briefs were John H. Beisner and Mark S. Davies., Alexander Hays, V., pro hac vice, argued the cause for amici curiae National Trust for Historic Preservation, et al. in support of appellant.   On the brief were Elizabeth S. Merritt and Aaron Colangelo.


• For Appellees:
  
• Brian C. Baldrate, Assistant U.S. Attorney, argued the cause for appellees.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Kevin K. Robitaille, Assistant U.S. Attorney, entered an appearance.  Lawrence P. Fletcher-Hill, Cristen S. Rose, and David H. Bamberger joined in the brief for appellees.