On October 20, Stanford’s Environmental Law Clinic argued a case at the Ninth Circuit Court of Appeals that will affect the future of one of San Francisco’s most famous landmarks. At issue is the proposed construction of a new, 70,000-square foot hotel in the heart of the historic Presidio. The clinic, representing the Presidio Historical Association and the Sierra Club, argued that the planned construction is unlawful under both the Presidio Trust Act and the National Historic Preservation Act.

Stretching over nearly 1,500 acres out to the Golden Gate Bridge and the Pacific Ocean, the Presidio is home to a unique mix of stunning vistas, public open spaces, and military history. The history of the Presidio offers a window into San Francisco’s past. From its strategic position on a hill overlooking San Francisco Bay, the Presidio served as an important military base under the flags of three nations – Spain, Mexico, and the United States – for over two hundred years. For a century it played a role in every major United States military effort, from housing Union soldiers during the Civil War, to serving as a deployment and reentry point for U.S. armed forces fighting in the Pacific theater in World War II. The Presidio obtained National Historic Landmark status – a designation it shares with the Washington Monument, the Lincoln Memorial, and Mount Rushmore – in 1962, and became a National Park in 1994 after it was decommissioned by the Army.

To preserve this illustrious history, the Presidio Trust, the management corporation charged with overseeing the Presidio, has limited authority to build new construction on the Presidio under the Presidio Trust Act. The Trust also has a duty under the National Historic Preservation Act to minimize adverse effects to the Presidio. In 2010, however, the Trust approved of the construction a new, 70,000-square foot hotel along the Presidio’s Main Parade Ground, in the heart of the Presidio. In their lawsuit against the Trust, the Presidio Historical Association and the Sierra Club argued that the 2010 plan exceeded the Trust’s authority to build new construction and violated the Trust’s duty to preserve the Presidio as a National Historic Landmark.

Abigail Barnes (JD,’16) argued Presidio Historical Association v. Presidio Trust before a three-judge panel at the Ninth Circuit. “It was amazing to have the chance to argue before the Ninth Circuit as a law student,” she said. Ms. Barnes has worked on the case for over a year, drafting a section of the reply brief in addition to her oral argument. At oral argument, the Ninth Circuit panel focused most closely on the extent to which the Presidio Trust Act limits the Trust’s ability to build new construction. “It’s hard to tell what the response to oral argument is going to be, since the judges are going to test both sides,” Ms. Barnes said, reflecting on her experience. “But it was a great opportunity to clarify our interpretation of the laws and bring some attention to this planned development, and to the Presidio itself, which is such an important and historic part of San Francisco.”

To learn more, watch Barnes in action here and check out the appellate briefs here.