Cultural Landscape Foundation v. Department of the Interior
Overview
Overview
The Cultural Landscape Foundation sued the Department of the Interior over the resurfacing of the Lincoln Memorial Reflecting Pool.
The Issue
Issue
Whether the Department of the Interior's resurfacing of the Lincoln Memorial Reflecting Pool violates the National Historic Preservation Act and the Administrative Procedure Act by failing to adequately consider impacts on this historic landscape resource.
The Rules
Rule
Under the Administrative Procedure Act, agency actions must not be arbitrary and capricious. Under the National Historic Preservation Act, federal agencies must take into account the effect of their actions on historic properties and provide the Advisory Council a reasonable opportunity to comment.
The Application
Analysis
The Cultural Landscape Foundation argues that Interior failed to comply with NHPA consultation requirements and undertook the resurfacing without adequate environmental review or consideration of the landscape's historic significance as a designed feature of the Lincoln Memorial complex.
The Conclusion
Conclusion
The case remains active in the D.C. District Court before Judge Carl J. Nichols; the court will determine whether the resurfacing project may proceed pending resolution of any preliminary injunction request and the merits.
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