ELR Citation: ELR 21285
No(s). 91-2142 (4th Cir. Jun 15, 1992)

The court holds that the U.S. Environmental Protection Agency (EPA) need not reinstitute National Historic Preservation Act (NHPA) §106 procedures to afford the Advisory Council of Historic Preservation an opportunity to comment before expanding a sewage system in a village listed on the National Register of Historical Places. As part of the NHPA §106 process for the initial construction of the system, EPA entered into a memorandum of agreement in which it promised to ensure that the county sanitation authority submits any revisions of the sewer system's final plan to the state historic preservation officer. The court first holds that the citizens' association seeking to reinstitute the §106 procedures has organizational standing. However, the court holds that Congress only intended that EPA cooperate with the Advisory Council in mitigating adverse effects on the historical site and that §106 does not impose on EPA a general obligation to protect preservation interests. The court further holds that EPA's obligations under the memorandum of agreement terminate after the completion of the original project.

Counsel for Plaintiff-Appellant
Katherine Jo Henry
Mayer, Brown & Platt
2000 Pennsylvania Ave. NW, Washington DC 20006
(202) 463-2000

Counsel for Defendants-Appellees
Jacques B. Gelin
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000
Thomas F. Farrell II
McGuire, Woods, Battle & Boothe
1199 N. Fairfax St., Alexandria VA 22314
(703) 739-6200

Counsel for Amicus Curiae
Richard B. Nettler
Robins, Kaplan, Miller & Ciresi
1220 19th St. NW, Ste. 700, Washington DC 20036
(202) 775-0725

Sprouse, J. (before Kiser and Blatt, JJ.):