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National Coalition to Save Our Mall v. Norton

Where Congress enacted a Public Law that appeared to exempt construction of a planned World War II memorial from possible statutory obstacles, district court's dismissal of a pending action seeking an injunction against the memorial's construction was affirmed; the Act's language withdrew jurisdiction over plaintiffs' claims, and it did not infringe on judicial power under Article III.

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Argued October 10, 2001

Opinion for the Court filed by Senior Circuit Judge Williams.

A group of organizations, here collectively called the Coalition, filed suit in October 2000 seeking an injunction against the construction of a proposed World War II Memorial on the National Mall. The defendants were a variety of agencies–the Department of the Interior, the National Parks Service, the Commission of Fine Arts, the National Capital Planning Commission, and the American Battle Monuments Commission–responsible either for the construction of the Memorial or for some link in the chain of permitting and approval. The Coalition asserted that in approving the design and construction of the Memorial, the defendant agencies violated a variety of statutes: the National Environmental Policy Act (NEPA), 42 U.S.C. s 4332(2)(C), the Commemorative Works Act, 40 U.S.C. s 1001 et seq., the National Historic Preservation Act, 16 U.S.C. s 470f et seq., and the Federal Advisory Committee Act, 5 U.S.C. App. II, s 10(a).

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