Tyler

Plaintiffs James B. Tyler, et al., are homeowners who live in an area of San Francisco immediately surrounding the site of a low-income housing project to be constructed with federal funds. Plaintiffs argue that defendants-the Department of Housing and Urban Development (“HUD”), City and County of San Francisco (“City”), Mission Housing Development Corporation (“Mission Housing”), and 1010 SVN Associates-failed to meet the terms of their own Memorandum of Agreement (“the Agreement”), which was designed to mitigate the project’s impact on plaintiffs’ homes. Because all but one of plaintiffs’ homes were eligible for inclusion on the National Register of Historic Places, plaintiffs sought a preliminary injunction against the project under the National Historic Preservation Act (“NHPA”), 16 U.S.C. § 470f, and the National Environmental Protection .Act (“NEPA”), 42 U.S.C. § 4332 . The District Court denied the preliminary injunction and granted defendants’ motion to dismiss, holding that both the NHPA and NEPA claims were mooted by the federal agency’s disbursement of funds to the local agency.

■ The district court had subject matter jurisdiction under 28 U.S.C. § 1331 and the…