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Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/081-citizens-to-preserve-overton-park-inc-v-volpe

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep401/usrep401402/usrep401402.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

Overton Park was a 342-acre park in the middle of Memphis, with a zoo, a golf course, and old-growth forest. Federal law barred the Secretary of Transportation from approving highway funding through a public park unless there was no feasible and prudent alternative. Secretary John Volpe approved Interstate 40 through Overton Park without explaining why, and local citizens sued.

Justice Marshall, for the Court, held that the decision was subject to judicial review and laid out how courts should review agency action under the Administrative Procedure Act. The court must conduct a thorough, probing, in-depth review, asking whether the decision was based on consideration of the relevant factors and whether there was a clear error of judgment, although the court may not substitute its judgment for the agency's. Litigation affidavits written after the fact were not enough.

Justices Black and Brennan wrote separately. Interstate 40 was never built through the park, and the zoo and forest remain today.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- City of Yonkers v. United States, 320 U.S. 685 (1944) [as printed: City of Yonkers v. United States, 320 U. S. 685 (1944); Opinion of the Court (Mr. Justice Marshall)] (episode link pending)

- Thorpe v. Housing Authority, 393 U.S. 268 (1969) at 281-282 [as printed: Thorpe v. Housing Authority, 393 U. S. 268, 281-282 (1969); Opinion of the Court (Mr. Justice Marshall)] (episode link pending)

- Burlington Truck Lines v. United States, 371 U.S. 156 (1962) at 168-169 [as printed: Burlington Truck Lines v. United States, 371 U. S. 156, 168-169 (1962); Opinion of the Court (Mr. Justice Marshall)] (episode link pending)

- Conley v. Gibson, 355 U.S. 41 (1957) [as printed: Conley v. Gibson, 355 U. S. 41 (1957); Opinion of the Court (Mr. Justice Marshall)] episode

Full list of 33 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/081-citizens-to-preserve-overton-park-inc-v-volpe