National Center for Preservation Law v. Landrieu

No. 80-1597 (4th Cir. December 22, 1980)

The court summarily affirms the trial court's dismissal, 10 ELR 20820, of a challenge to the construction of a convention center complex in an historic area of Charleston, South Carolina to be funded by grants from the Department of Housing and Urban Development and the Economic Development Administration. Federal appellees did not violate the National Environmental Policy Act by delegating their statutory duties to the City of Charleston, and the City's supplement to the final environmental impact statement for the project was properly ruled adequate. In addition, appellees were correctly found to have complied with the National Historic Preservation Act and the Housing and Community Development Act.

Counsel for Appellants
Patricia A. Barald, William M. Paul, Theodore L. Garrett, David F. Williams
Covington & Burling
888 16th St. NW, Washington DC 20006
(202) 452-6000

Mary Ann Marwick
P.O. Box 1628, Summerville SC 29483
(803) 873-1221

Counsel for Appellees
Charlotte R. Bell
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4150

Marc L. Fleischaker, Charles R. Claxton
Arent, Fox, Kintner, Plotkin & Kahn
1815 H St. NW, Washington DC 20006
(202) 857-6000

Heidi Solomon, Ass't U.S. Attorney
P.O. Box 973, P.O. Bldg., Meeting & Broad Sts., Charleston SC 29402
(803) 724-4381

Per curiam before Winter, Phillips, and Murnagham, JJ.

[11 ELR 20168]

Per curiam:

Plaintiffs, three organizations of local citizens, many of whose members live in the residential neighborhoods adjacent to the Charleston Center Project proposed to be built in the heart of Charleston, South Carolina's Old and Historic District, appeal from a summary judgment entered against them. In the district court they sought, on a number of legal theories, declaratory and injunctive relief to prevent the Department of Housing and Urban Development (HUD) and the Economic Development Administration (EDA) from disbursing two federal grants totaling $7.15 million to the City of Charleston. The grants were earmarked for various activities related to the Charleston Center Project, including acquisition of land for a parking garage, construction of street improvements, relocation of residents, and archeological studies. Plaintiffs also sought to enjoin the City from beginning construction of the Project.

Before us plaintiffs contend that (1) the Secretary of HUD and the Administrator of EDA improperly delegated to the City their responsiblities under the National Environmental Policy Act, 42 U.S.C. §§ 4321-4361; (2) the Secretary of HUD, the Administrator of EDA and the Advisory Council on Historic Preservation failed to comply with the requirements of the National Historic Preservation Act, 16 U.S.C. §§ 461-470t, in approving the grants; (3) the Secretary of HUD violated the terms of the Housing and Community Development Act, 42 U.S.C. §§ 5301-5317, and the regulations adopted thereunder in determining that the Charleston Center Project was eligible for funding by an Urban Development Action Grant; (4) Charleston's Supplement to the Final Environmental Impact Statement fails to satisfy the requirements of the National Environmental Policy Act and the regulations of the Council on Environmental Quality, and (5) political influence was exerted to affect improperly EDA's decision to award the grant and such improper influence requires reconsideration of the award by an impartial decisionmaker.

In an exhaustive and detailed opinion, the district court rejected all of plaintiffs' contentions — correctly, we think. We have examined with care the opinion of the district court and the contentions advanced on appeal, and we conclude that the opinion of the district court sufficiently answers each contention. We affirm for the reasons articulated therein. National Center for Preservation Law v. Landrieu, __ F. Supp. __ [10 ELR 20820] (Civ. Action No. 80-0781-1, D.C.S.C., August 25, 1980).

AFFIRMED.