National Trust for Historic Preservation in the United States v. National Park Service

D.C. Circuit

National Trust for Historic Preservation in the United States v. National Park Service

Court of Appeals for the D.C. Circuit·Decided April 17, 2026·No. 26-5123·Published

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 26-5123 September Term, 2025 1:25-cv-04316-RJL

Filed On: April 17, 2026

National Trust for Historic Preservation in the United States,

Appellee

v.

National Park Service, et al.,

Appellants

BEFORE: Millett, Rao, and Garcia, Circuit Judges

ORDER

Upon consideration of the emergency motion for stay pending appeal, it is

ORDERED that the district court’s April 16, 2026 preliminary injunction be administratively stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for a stay pending appeal and should not be construed in any way as a ruling on the merits of that motion. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2025). It is

FURTHER ORDERED that consideration of the motion for stay be consolidated with consideration of the merits of this appeal. It is

FURTHER ORDERED, on the court’s own motion, that this appeal be expedited.

The following briefing schedule and format will apply:

Brief of Appellants May 8, 2026

Joint Appendix May 8, 2026

Brief of Appellee May 27, 2026

Reply Brief of Appellants June 1, 2026

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 26-5123 September Term, 2025

The Clerk is directed to calendar this case for oral argument before this panel on June 5, 2026, at 9:30 a.m.

The parties are directed to hand deliver the paper copies of their briefs to the Clerk’s office by 4:00 p.m. on the date due.

Appellants should raise all issues and arguments in the opening brief. The court ordinarily will not consider issues and arguments raised for the first time in the reply brief.

To enhance the clarity of their briefs, the parties are urged to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43-44 (2025); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).

Per Curiam

FOR THE COURT: Clifton B. Cislak, Clerk

BY: /s/

Lynda M. Flippin Deputy Clerk

Page 2

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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 26-5123 September Term, 2025 1:25-cv-04316-RJL

Filed On: April 17, 2026

National Trust for Historic Preservation in the United States,

Appellee

v.

National Park Service, et al.,

Appellants

BEFORE: Millett, Rao, and Garcia, Circuit Judges

ORDER

Upon consideration of the emergency motion for stay pending appeal, it is

ORDERED that the district court’s April 16, 2026 preliminary injunction be administratively stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for a stay pending appeal and should not be construed in any way as a ruling on the merits of that motion. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2025). It is

FURTHER ORDERED that consideration of the motion for stay be consolidated with consideration of the merits of this appeal. It is

FURTHER ORDERED, on the court’s own motion, that this appeal be expedited.

The following briefing schedule and format will apply:

Brief of Appellants May 8, 2026

Joint Appendix May 8, 2026

Brief of Appellee May 27, 2026

Reply Brief of Appellants June 1, 2026

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 26-5123 September Term, 2025

The Clerk is directed to calendar this case for oral argument before this panel on June 5, 2026, at 9:30 a.m.

The parties are directed to hand deliver the paper copies of their briefs to the Clerk’s office by 4:00 p.m. on the date due.

Appellants should raise all issues and arguments in the opening brief. The court ordinarily will not consider issues and arguments raised for the first time in the reply brief.

To enhance the clarity of their briefs, the parties are urged to limit the use of abbreviations, including acronyms. While acronyms may be used for entities and statutes with widely recognized initials, briefs should not contain acronyms that are not widely known. See D.C. Circuit Handbook of Practice and Internal Procedures 43-44 (2025); Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

All briefs and appendices must contain the date that the case is scheduled for oral argument at the top of the cover. See D.C. Cir. Rule 28(a)(8).

Per Curiam

FOR THE COURT: Clifton B. Cislak, Clerk

BY: /s/

Lynda M. Flippin Deputy Clerk

Page 2

National Trust for Historic Preservation in the United States v. National Park Service, (D.C. Cir. 2026).

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