Preservation Coalition v. Federal Transit Administration

WINTER, Circuit Judge:

The Federal Transit Administration (“FTA”), Niagara Frontier Transit Authority (“NFTA”), and New York State Urban Development Corporation, doing business as the Empire State Development Corporation (“ESDC”), appeal from Judge Skretny’s award of attorneys’ fees to ap-pellee as a prevailing party under the National Historic Preservation Act (“NHPA”). We reverse the award against the NFTA and the ESDC because the NHPA does not apply to them. We hold that the FTA is subject to an award of fees under the NHPA but remand for a recalculation of the award to limit it to work…