Recent Past Preservation Network v. Latschar

The Recent Past Preservation Network (RPPN) (plaintiff) filed suit against the National Park Service (NPS) (defendant) for declaratory judgment and injunctive relief to stop the NPS from pursuing its plan to demolish the former visitor center known as the Gettysburg Cyclorama Center and return the site closer to its 1863 condition. Plans to remove the Center were included in the NPS’s Final General Management Plan (GMP) and Environmental Impact Statement (EIS) that was published in June 1999. Less than 6 months later, the NPS released a Record of Decision (ROD) to announce its decision to implement the plan and remove the Cyclorama, but the ROD only discussed the effects of demolition generally rather than with site specificity. RPPN sued and moved for summary judgment on the grounds that the NPS had acted in violation of the National Environmental Policy Act (NEPA) by failing to prepare an adequate EIS or Environmental Assessment and that the decision to demolish the Center was arbitrary and capricious under the Administrative Procedure Act (APA). The NPS filed a cross motion for summary judgment, claiming that the GMP, EIS, and ROD served as adequate assessments and disclosures to satisfy the procedural requirements of NEPA. The motions were heard by a magistrate judge who issued a report recommending that summary judgment be granted for RPPN on the issue of NEPA violations. The NPS filed its objections to the magistrate judge’s report.