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Remedies Keyed to Kovacic-Fleischer, 8th
Daingerfield Island Protective Society v. Lujan
Citation:
920 F.2d 32 (1990)Facts
In 1970, the National Park Service completed acquisition of Dyke Marsh, an environmentally sensitive wetland on the Potomac River, through an Exchange Agreement with developer Charles Fairchild. In exchange for conveying his 28.8-acre Dyke Marsh property to the government, Fairchild received rights to build an interchange on the George Washington Memorial Parkway to provide access to Potomac Greens, a proposed massive office, hotel and residential complex on 38 acres he leased from RF & P Railroad. The Agreement became effective July 6, 1971. After years of delays and disputes over design, NPS approved the interchange design in 1981 and issued an easement deed in 1984, which went to RF & P after it terminated Fairchild’s lease in 1982. The Society filed suit in 1986 after RF & P announced plans to proceed with development, challenging both the 1970 Exchange Agreement and the subsequent design approvals under multiple environmental and administrative statutes. Meanwhile, Congress passed the 1987 Continuing Appropriations Act requiring NPS to prepare an Environmental Impact Statement and prohibiting construction permits until congressional review, while explicitly stating the EIS should not affect pending litigation.
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