National Mining Association v. Fowler

324 F.3d 752 (2003)

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National Mining Association v. Fowler

United States Court of Appeals for the District of Columbia Circuit
324 F.3d 752 (2003)

Facts

National Mining Association (NMA) (plaintiff) brought an action in federal court against the federal Advisory Council on Historic Preservation (Council) (defendant) to challenge the Council’s statutory authority to issue certain regulations attendant to the National Historic Preservation Act (NHPA). The regulations over which NMA filed suit were those that ostensibly resulted in the application of Section 106 of the NHPA to undertakings by state and local agencies pursuant to federal authority regardless of whether or not those undertakings were funded or licensed by the federal government. In its petition, NMA, a nonprofit trade organization, expressed particular concern for state and local agencies that issued permits under the authority of federal law, like the Surface Mining Control and Reclamation Act (SMCRA), which authorized a state agency to issue mining permits under the federal statute but without any further input from the federal government with respect to the individual permits. NMA and the Council both moved for summary judgment, and the district court ruled in favor of the Council. NMA appealed.

Rule of Law

Issue

Holding and Reasoning (Tatel, J.)

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