COLISEUM SQUARE ASSOCIATION, INC., Smart Growth for Louisiana, Louisiana Landmarks Society, Inc., Historic Magazine Row Association and the Urban Conservancy, Inc., Plaintiffs-Appellants,
v.
Alphonso JACKSON, etc.; et al., Defendants,
Alphonso Jackson, Acting Secretary, U.S. Department of Housing and Urban Development and Housing Authority of New Orleans, Defendants-Appellees.
Coliseum Square Association, Inc., Smart Growth for Louisiana, Louisiana Landmarks Society, Inc., Historic Magazine Row Association and the Urban Conservancy, Inc., Plaintiffs-Appellants,
v.
Housing Authority of New Orleans, an agency of the State of Louisiana, Alphonso Jackson, Acting Secretary, United States Department of Housing and Urban Development, Defendants-Appellees,
v.
Historic Restoration, Inc., Intervenor-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
September 18, 2006.
September 18, 2006.
Attorney(s) appearing for the Case
James R. Logan, IV (argued), Logan & Soileau, George Hugh Penn, Law Offices of George H. Penn, William E. Borah, Camille Jones Strachan, New Orleans, LA, Michael Stephen Rolland (argued), Law Offices of Michael S. Rolland, Metairie, LA, for Plaintiffs-Appellants.
Jennifer Lynn Scheller (argued), Todd Steven Aagaard, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Jackson.
Henry W. Kinney, III (argued), Tara Elizabeth Clement, Kinney & Ellinghausen, New Orleans, LA, Glenn L. Unterberger, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Housing Authority of New Orleans.
Bruce A. Morrison, Great Rivers Environmental Law Ctr., St. Louis, MO, for Great Rivers Envir. Law Ctr., Amicus Curiae.
Elizabeth Sherrill Merritt (argued), Nat. Trust for Historic Preservation, Washington, DC, for American Planning Ass'n, Nat. Trust for Historic Preservation in the U.S., Sierra Club and Institute for Local Self-Reliance, Amici Curiae.
Gary J. Elkins, Yvonne Chalker, Elkins & Associates, New Orleans, LA, Richard Louis Traina, Seale & Ross, Hammond, LA, for Historic Restoration Inc.
Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
DENNIS, Circuit Judge:
In this case, we are called upon to decide whether the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4370f, and the National Historic Preservation Act (NHPA), 16 U.S.C. §§ 470f-470x-6, require the United States Department of Housing and Urban Development (HUD) to cease federal funding for the St. Thomas Housing Development revitalization project in the City of New Orleans until the agency completes further...
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