On December 7, the U.S. Supreme Court issued a writ of certiorari to the Sixth Circuit Court of Appeals in Citizens to Preserve Overton Park, Inc. v. Volpe, 1 ELR 20053, 1 ERC 1685, __ F.2d __ (6th Cir. 1970); reh'g denied, Oct. 30, 1970, aff'g, 309 F. Supp. 1189 (W.D. Tenn. 1970; cert. granted, 39 U.S.L.W. 3256 (1970). Petitioners are seeking to challenge the manner in which federal officials approved the construction of Interstate Highway 40 through Overton Park, a 342-acre wooded, publicly owned park in downtown Memphis, Tennessee. The Court will review the Sixth Circuit decision of September 29, 1970, which affirmed the district court's dismissal of the complaint on motion for summary judgment.

Coupled with the writ was a grant of petitioners' application for a stay of highway construction. This stay now supplants Justice Stewart's temporary restraining order of November 6th and will remain in effect pending the Court's decision.