The Administrative Procedure Act and How the “Final Rule” Designation Allows Agencies to Perpetuate Harm by Failing to Act

Abstract

In order to preserve the historic authenticity of Alexander Hamilton’s only home, concerned citizens, community groups, and the National Park Service (NPS) created a plan to move Hamilton’s Home. The Friends of Hamilton Grange (“Friends”) were created to assist the NPS in that process. The Friends never filed official paperwork to become an official “friends group” of the NPS. After years of planning, the NPS approved plans for Hamilton’s home that conflicted with the interests of the Friends. The Friends claimed that the NPS did not properly consult with them throughout the planning process and the undeveloped land where Hamilton’s home once stood would attract crime, inflicting injury on the local community. The Friend’s filed suit under the Administrative Procedures Act (APA) and the National Historic Preservation Act (“NHPA”) requesting injunctive relief, but the court ruled that the Friends lacked of standing under both the NHPA and the APA.