For Your Data Citizens To Save Overton Park, Inc. V. Volpe Representative Brief
October 22, 2016
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Citizens to Preserve Overton Park, Inc. v. Volpe representative brief
401 U.S. 402, 91 S. Ct. 814, 28 L. Ed. 2nd 136, two ERC 1250 (1971)
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401 U.S. 402, 91 S. Ct. 814, 28 L. Ed. 2nd 136, two ERC 1250 (1971)
CASE SYNOPSIS: Petitioners sought review of a determination from the the States Court of Appeals for the Sixth Circuit, which affirmed summary judgment for respondent Secretary of Transportation inwards conform alleging respondent violated § 4(f) of the Department of Transportation Act of 1966, 49 U.S.C.S. § 1653(f), together with § 18(a) of the Federal-Aid Highway Act of 1968, 23 U.S.C.S. § 138, past times approbation structure of an interstate highway through a populace park.
FACTS: Petitioners, somebody citizens together with conservation organizations, claimed that respondent Secretary of Transportation violated § 4(f) of the Department of Transportation Act of 1966, 49 U.S.C.S. § 1653(f), together with § 18(a) of the Federal-Aid Highway Act of 1968, 23 U.S.C.S. § 138, past times authorizing expenditure of federal funds for structure of an interstate highway through a populace park. Petitioners argued, inter alia, that respondent's activity was invalid without formal factual findings together with that he failed to brand an independent determination but only relied on the judgment of a local metropolis council. In bear witness of the independence of together with footing for his decisionmaking, respondent introduced litigation affidavits at trial. Petitioners offered rebuttal affidavits. The district courtroom granted summary judgment for respondent, together with the courtroom of appeals affirmed. On certiorari, the Court reversed together with remanded to the district court, belongings that respondent was non required to brand formal findings, but judicial review based alone on litigation affidavits was inadequate nether § 706 of the Administrative Procedure Act, five U.S.C.S. § 706, which required an agency's "whole record" every mo the footing for review.
CONCLUSION: The Court reversed the judgment below, together with remanded for farther proceedings inwards the district court, because, although respondent was non required to brand formal findings, judicial review based alone on litigation affidavits was inadequate.
FACTS: Petitioners, somebody citizens together with conservation organizations, claimed that respondent Secretary of Transportation violated § 4(f) of the Department of Transportation Act of 1966, 49 U.S.C.S. § 1653(f), together with § 18(a) of the Federal-Aid Highway Act of 1968, 23 U.S.C.S. § 138, past times authorizing expenditure of federal funds for structure of an interstate highway through a populace park. Petitioners argued, inter alia, that respondent's activity was invalid without formal factual findings together with that he failed to brand an independent determination but only relied on the judgment of a local metropolis council. In bear witness of the independence of together with footing for his decisionmaking, respondent introduced litigation affidavits at trial. Petitioners offered rebuttal affidavits. The district courtroom granted summary judgment for respondent, together with the courtroom of appeals affirmed. On certiorari, the Court reversed together with remanded to the district court, belongings that respondent was non required to brand formal findings, but judicial review based alone on litigation affidavits was inadequate nether § 706 of the Administrative Procedure Act, five U.S.C.S. § 706, which required an agency's "whole record" every mo the footing for review.
CONCLUSION: The Court reversed the judgment below, together with remanded for farther proceedings inwards the district court, because, although respondent was non required to brand formal findings, judicial review based alone on litigation affidavits was inadequate.
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Interested inwards learning how to acquire the transcend grades inwards your constabulary schoolhouse classes? Want to acquire how to report smarter than your competition? Interested inwards transferring to a high ranked school?