National Trust for Historic Preservation Files Motion for Summary Judgment in Lawsuit Against VA and FEMA on Siting of Hospitals in New Orleans
Posted December 2, 2009 | Contact pr@nthp.org or 202-588-6141
Washington, D.C. – (December 2, 2009)—Seeking to dramatically accelerate the timetable in its lawsuit against the U.S. Department of Veterans Affairs (VA) and the Federal Emergency Management Agency (FEMA), the National Trust for Historic Preservation filed a motion for summary judgment on November 30th in federal court in New Orleans. The National Trust seeks a final ruling to halt work on the medical center project—including the acquisition of homes in Lower Mid-City—unless and until the agencies "publicly disclose the full range of direct, indirect, and cumulative impacts" of the hospital project, as required by the National Environmental Policy Act (NEPA).
"We took this action because time is running out for the residents of Mid-City," said Richard Moe, president of the National Trust for Historic Preservation. "While we are confident that the legal arguments are on our side, we also know that time is of the essence for residents of this historic neighborhood. The acquisition process is moving forward swiftly, and it compels us to ask for an expedited response. We fear that if we waited for the agencies to proceed through the courts at a slower pace, the ongoing process of acquisition would make it much more difficult for the court to evaluate the legal issues objectively.
"We also considered the fact that waiting for a ruling ultimately delays the already long-overdue return of high-quality medical care to the people of New Orleans," Moe said. "We continue to assert that the choice between building 21st century hospitals or preserving an intact historic residential neighborhood is a false one. We believe the people of New Orleans can have, and deserve, both."
The National Trust's lawsuit challenges the federal government's decision to allow the City of New Orleans to begin the first phase of constructing two hospitals in a historic district in New Orleans before the federal government has finished analyzing the impacts of the project as a whole, as required by NEPA. The point of NEPA is to disclose and consider the full cost of a federal project before it begins. Because the VA and FEMA have skipped this disclosure obligation, New Orleans may find itself having displaced residents and demolished historic buildings, only to discover that the economic and infrastructure costs of building on this parcel of land are too great. This short-sighted approach contradicts the hopeful, long-range vision of rebuilding New Orleans. For example, the fact that the $1.2 billion LSU hospital only requires about half of the land targeted for expropriation was not disclosed until well after the site selection decision was already made. If this information had been revealed earlier, it would have been clear that moving the VA hospital to the LSU site was a viable alternative that should have been fully evaluated.
The National Trust advocates the re-use of Charity Hospital, an option that would be less expensive, less destructive and less time-consuming than building new hospitals. The proposed hospitals would require evicting an estimated 600 people and 63 businesses, bulldozing 25 square blocks (67 acres), including 15 square blocks and 165 individual properties in the National Register-listed Mid-City Historic District, and closing several local streets. Using a novel and strained interpretation of NEPA, the VA and FEMA concluded that building the hospitals in Lower Mid-City would have no significant impact on historic properties or on the community. Moreover, the agencies analyzed only the first phase of the project -- site selection and preparation. They did not consider the impacts caused by the construction or operation of the hospitals themselves. Lower Mid-City is a residential neighborhood with unique historic buildings, and a vibrant community culture.
ADDITIONAL LEGAL INFORMATION ON THE MOTION FOR SUMMARY JUDGMENT
The motion for summary judgment states that, under the agencies' current approach, "missing information will not be released until it is too late to modify the plans and adopt an alternative with fewer adverse impacts. The defendants' failure to publicly disclose the full range of direct, indirect and cumulative impacts of a major federal action before irreversibly committing resources to the project violates NEPA."
The motion further states that the Programmatic Environmental Assessment (PEA) for the hospital projects is unlawful under NEPA for several reasons:
1. It artificially segments one major site-specific federal proposal into three separate phases –- (1) site selection/preparation; (2) construction/operation; and (3) disposition of the existing medical facilities, including Charity Hospital and the closed VA hospital in the Central Business District – considering each phase separately. As a result, the planning process has been distorted, allowing the agencies to choose a particular site before considering the environmental impacts of the entire hospital proposal.
2. The PEA unlawfully fails to disclose and consider the impacts caused by the later phases of the project, including drainage, traffic, construction noise, etc. Under this approach, roads within the footprint of the proposed hospital will be closed before the federal government has done any traffic studies to determine whether the road closures will affect local traffic.
3. The VA and FEMA acknowledged in the PEA that impacts to historic properties and to the local community are potentially significant, but the agencies contend that "mitigation" measures will reduce those significant impacts to a less-than-significant level. However, there is no evidence that the mitigation measures (e.g., a marketing study for Charity Hospital, potential relocation of up to 20 homes, and a grant program for other property owners in Mid-City) will actually be effective in reducing the otherwise significant impacts of demolishing 25 square blocks of the Lower Mid-City neighborhood, including 15 square blocks and 165 contributing historic properties within the National Register historic district.
The National Trust for Historic Preservation (www.PreservationNation.org) is a non-profit membership organization bringing people together to protect, enhance and enjoy the places that matter to them. By saving the places where great moments from history – and the important moments of everyday life – took place, the National Trust for Historic Preservation helps revitalize neighborhoods and communities, spark economic development and promote environmental sustainability. With headquarters in Washington, DC, eight regional and field offices, 29 historic sites, and partner organizations in 50 states, territories, and the District of Columbia, the National Trust for Historic Preservation provides leadership, education, advocacy and resources to a national network of people, organizations and local communities committed to saving places, connecting us to our history and collectively shaping the future of America’s stories.
