National Parks and Conservation Association v. Stanton
United States District Court for the District of Columbia
54 F.Supp.2d 7 (1999)
After Congress designated portions of the Niobrara National Scenic River as protected, the National Park Service (NPS) (defendant) adopted Alternative B of its management plan, delegating day-to-day river management to a newly created Niobrara Council composed mostly of local commercial and landowning interests, with only one NPS representative and majority-vote decision-making; the interlocal agreement encouraged the Council to seek independent funding to reduce NPS influence, and the NPS's only real check was the ability to terminate the arrangement entirely. The National Parks and Conservation Association and others (plaintiffs) sued NPS Director Robert Stanton and the Secretary of the Interior, alleging Alternative B constituted an unlawful delegation of federal authority to a private body, and both sides moved for summary judgment.
Whether a federal agency may delegate management authority to a private party if the agency does not retain final reviewing authority over that party's decisions.