Presidio Golf Club v. National Park Service

Good Law
155 F.3d 1153·1998 WL 640410
United States Court of Appeals for the Ninth CircuitSeptember 21, 1998No. 97-16703California4,981 words

Opinion

Lead Opinion

Boochever, J.

The Presidio Golf Club (“Club”) appeals the district court’s summary judgment in favor of the National Park Service, the Department of the Interior, and related federal government officials, in the Club’s action challenging the environmental and historic review process undertaken by the government and its concessioner, Arnold Palmer Golf Management Company, in connection with efforts to build a new public clubhouse at the Presidio Golf Course of San Francisco, near a century-old private Clubhouse which the Club seeks to preserve. The Club asserts violations of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”), and the National Historic Preservation Act, 16 U.S.C. § 470 et seq. (“NHPA”). The Park Service challenges the Club’s standing to sue under these statutes and the Administrative Procedures Act, 5 U.S.C. § 702 .

I. Facts

In 1895, the San Francisco Golf Club received permission from the military to build the Presidio Golf Course on the grounds of the Presidio. The San Francisco Golf Club built the Presidio Golf Clubhouse in 1899 on private land abutting the Presidio, at the edge of the golf course. In 1919, the Presi-dio Golf Club, a California…

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