Quimbee logo
DMCA.com Protection Status

Citizens to Preserve Overton Park, Inc. v. Volpe

401 U.S. 402 (1971)
From our private database of 18,400+ case briefs...

Citizens to Preserve Overton Park, Inc. v. Volpe

United States Supreme Court
401 U.S. 402 (1971)

Citizens to Preserve Overton Park, Inc. v. Volpe

Facts

The Secretary of Transportation (defendant) authorized the expenditure of federal funds for the construction of a six-lane interstate highway through a public park in Memphis, Tennessee. Private citizens and conservation organizations (plaintiffs) sought to halt construction, arguing that the Secretary violated portions of the Department of Transportation Act of 1966 and the Federal-Aid Highway Act of 1968 that prohibit the use of federal funds to finance the construction of highways through public parks if a “feasible and prudent” alternative route exists. Under these statutes, where no such alternative route is available, the Secretary may only approve construction through parks if the plans are designed to minimize harm to the park. The Secretary did not include his factual findings in the announcements regarding approval of the highway’s route and design. The Secretary also did not indicate why no feasible and prudent alternative routes existed or why design changes could not be made to minimize harm to the park. The Secretary moved for summary judgment, which the District Court granted. The Court of Appeals for the Sixth Circuit affirmed, and the plaintiffs sought review in the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial

Here's why 497,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 18,400 briefs - keyed to 985 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.