658 F.3d 460
5th Cir.2011Background
- NHPA section 106 review applies when a federally funded project may affect historic properties.
- Holy Cross campus relocation triggered FEMA 106 review; old Cabrini Church site in Gentilly involved via a phased MOA.
- FEMA excluded the Lower Ninth Ward Holy Cross campus from the Gentilly APE during the initial review.
- Cabrini Church was demolished in 2007 under MOA provisions; public meetings and consultations occurred under the 106 process.
- Friends of Cabrini Church, a nearby historic-property stake, challenged 106 process and related NHPA claims in district court.
- Court must assess standing for each claimed injury before addressing merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge Lower Ninth Ward involvement | Cabrini Church seeks injurious effects due to APE exclusion. | No geographic nexus; lack of concrete injury to Cabrini Church. | Lacks standing for Lower Ninth Ward claims. |
| Standing for procedural deficiencies in 106 review | FEMA failed to respond to public objections per MOA and NHPA. | No concrete injury to Cabrini Church from procedural gaps. | Lacks standing for procedural-deficiency claims. |
| Standing to challenge FEMA Public Assistance program | PA funds were used to relocate to Gentilly, harming historic properties in Lower Ninth Ward. | No geographic nexus; injuries tied to Lower Ninth Ward properties. | Lacks standing for PA program claim. |
Key Cases Cited
- City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (injury must be concrete and actual or imminent)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (concrete injury requirement for standing)
- Sabine River Authority v. U.S. Department of the Interior, 951 F.2d 669 (5th Cir. 1992) (geographic nexus required for standing to challenge EIS)
- Bywater Neighborhood Association v. Tricarico, 879 F.2d 165 (5th Cir. 1989) (private NHPA action assumptions; standing context)
- Vieux Carre Property Owners v. Brown, 875 F.2d 453 (5th Cir. 1989) (private NHPA action assumptions; standing context)