Citizens to Preserve Overton Park v. Volpe

Citizens to Preserve Overton Park v. Volpe
Supreme Court of the United States
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
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
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

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]