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NATIONAL MIN. ASS'N v. FOWLER

No. 02-5041.

324 F.3d 752 (2003)

NATIONAL MINING ASSOCIATION, Appellant, v. John M. FOWLER, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2003.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for appellant. With her on the briefs were George W. Miller and Harold P. Quinn Jr.

Mark R. Haag, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Roscoe C. Howard Jr., U.S. Attorney, Javier Marques, Associate General Counsel, Advisory Council on Historic Preservation, R. Craig Lawrence and Daria J. Zane, Assistant U.S. Attorneys.

Before: TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Advisory Council on Historic Preservation, an independent federal agency, is authorized by its organic statute to promulgate regulations ensuring that federally funded or federally licensed undertakings incorporate historic preservation values at the planning stage. Responding to Congress's expansion of the definition of "undertaking," the Council extended its regulation to projects...

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