Daingerfield Island Protective Soc. v. Babbitt, 93-5218

• Decision Date: 13 December 1993
• Docket Number: No. 93-5218,93-5218
• Parties: NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant. DAINGERFIELD ISLAND PROTECTIVE SOCIETY; Kenneth Williams; Ellen Pickering; Jean Caldwell; Save The George Washington Parkway; and Northeast Citizen Association, Appellants, v. Bruce BABBITT, Secretary, U.S. Dept. of Interior; William P. Horn, Assistant Secretary, U.S. Department of Interior; William Penn Mott, Jr., Director, National Park Service; Manus J. Fish, Jr., Regional Director, National Capital Region, National Park Service; National Capital Planning Commission; Richmond, Fredericksburg and Potomac Railroad Co.; and Potomac Greens Associates Partnership.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 1159

15 F.3d 1159

304 U.S.App.D.C. 428

NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant.

DAINGERFIELD ISLAND PROTECTIVE SOCIETY; Kenneth Williams;

Ellen Pickering; Jean Caldwell; Save The George

Washington Parkway; and Northeast

Citizen Association, Appellants, v. Bruce BABBITT, Secretary, U.S. Dept. of Interior; William

P. Horn, Assistant Secretary, U.S. Department of Interior;

William Penn Mott, Jr., Director, National Park Service;

Manus J. Fish, Jr., Regional Director, National Capital

Region, National Park Service; National Capital Planning

Commission; Richmond, Fredericksburg and Potomac Railroad

Co.; and Potomac Greens Associates Partnership.

No. 93-5218.

United States Court of Appeals, District of Columbia Circuit.

Dec. 13, 1993.

Before: SILBERMAN, BUCKLEY and GINSBURG, Circuit Judges.

ORDER

PER CURIAM.

Upon consideration of the motions for summary affirmance, the opposition thereto, and the replies, it is

ORDERED that the motions be granted in part. We summarily affirm those portions of the district court's order filed June 8, 1993, rejecting appellants' claims arising under the Mount Vernon Memorial Highway Act, the Capper-Cramton Act, and the Administrative Procedure Act, substantially for the reasons stated by the district court in its memorandum opinion of the same date. See Daingerfield Island Protective Society v. Babbitt, 823 F.Supp. 950, 954-55, 957-58 (D.D.C.1993). The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C.Cir.1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C.Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980).

Because the court has determined that summary disposition of the remainder of the appeal by a motions panel is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel. Because it is clear that the six-year statute of limitations contained in 28 U.S.C. Sec. 2401 governs equitable claims, claims arising under the Administrative Procedure Act, and claims alleging that an agency exceeded its statutory authority, the parties shall not address these issues in their briefs for the merits panel. Likewise, because it is clear...