| Citizens to Preserve Overton Park v. Volpe | |
|---|---|
 | |
| Argued January 11, 1971 Decided March 2, 1971 | |
| Full case name | Citizens to Preserve Overton Park, et al. v. Volpe, Secretary of Transportation, et al. |
| Citations | 401 U.S. 402 (more) 91 S. Ct. 814; 28 L. Ed. 2d 136; 1971 U.S. LEXIS 96 |
| Case history | |
| Prior | Summary 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). |
| Subsequent | On 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 | |
| |
| Case opinions | |
| Majority | Marshall, joined by Burger, Harlan, Stewart, White, Blackmun |
| Concurrence | Blackmun |
| Dissent | Black, 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 | |
Wikisource has original text related to this article:
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]
- ^ Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971),).
- ^ "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.