In its decision in Citizens to Preserve Overton Park v. Volpe, __ U.S. __, 1 ELR 20110 (Mar. 2, 1971), the Supreme Court attempted to analyze and clarify the role of a reviewing court before which discretionary administrative action has been challenged. In its opinion, the Court construed the statutory standards defining the Secretary of Transportation's authority to approve the location of federally funded highways in public parks, and then instructed the district court to determine (1) whether the Secretary had considered factors outside the scope of these standards and (2) whether the Secretary, though he considered all relevant factors, had weighted them in a manner that constituted an abuse of his discretion. (See previous discussion 1 ELR 10035).

The decision in Overton Park leaves uncertain the meaning of important aspects of the concept of abuse of discretion, and the recent district court decision in Sierra Club v. Hardin, 1 ELR 20163 (D. Alaska Mar. 25, 1971), illustrates this uncertainty.