Citizens to Preserve Overton Park v. Volpe

Citizens to Preserve Overton Park v. Volpe
Argued January 11, 1971
Decided March 2, 1971
Full case nameCitizens to Preserve Overton Park, et al. v. Volpe, Secretary of Transportation, et al.
Citations401 U.S. 402 (more)
91 S. Ct. 814; 28 L. Ed. 2d 136; 1971 U.S. LEXIS 96
Case history
PriorSummary judgment for defendant, injunction denied, 309 F. Supp. 1189 (W.D. Tenn. 1970); aff'd, 432 F.2d 1307 (6th Cir. 1970); cert. granted, 400 U.S. 939 (1970).
SubsequentOn remand to 335 F. Supp. 873 (W.D. Tenn. 1972)
Holding
The Secretary of Transportation can only approve use of federal funds for construction of a highway in a public park (a) if no feasible and prudent alternative exists, and (b) after undertaking all possible planning to minimize harm.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Case opinions
MajorityMarshall, joined by Burger, Harlan, Stewart, White, Blackmun
ConcurrenceBlackmun
DissentBlack, joined by Brennan
Douglas took no part in the consideration or decision of the case.
Laws applied
Administrative Procedure Act; Department of Transportation Act § 4(f), codified at 49 U.S.C. § 1653(f); Federal-Aid Highway Act § 138, codified at 23 U.S.C. § 138

Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971), is a landmark decision by the Supreme Court of the United States that established the basic legal framework for judicial review of the actions of administrative agencies. It substantially narrowed the Administrative Procedure Act's Section 701(a)(2) exception from judicial review. It also stands as a notable example of the power of litigation by grassroots citizen movements to block government action.[1][2]

  1. ^ Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971),).
  2. ^ "The Hidden Gem of West Tennessee (Found in Memphis' Overton Park)". May 30, 2014. Archived from the original on September 29, 2022. Retrieved May 31, 2014.