Volpe v. D.C. Federation of Civic Associations

No. 71-931 (U.S. March 27, 1972)

The government's petition for a writ of certiorari is denied. The decision below is reprinted at 1 ELR 20574 (see also the court of appeals denial of rehearing and opinion on issues which were reserved in its earlier decision, at 2 ELR 20092). Chief Justice Burger concurs because of the time Supreme Court review would take and suggests that Congressional action, perhaps including limitations upon judicial review, might be appropriate.

Counsel for Respondents
Roberts B. Owen
Gerald P. Norton
Covington & Burling
888 Sixteenth Street, N.W.
Washington, D.C. 20006

Counsel for Federal Petitioners
Erwin N. Griswold Solicitor General
Department of Justice
Washington, D.C.

Counsel for Petitioner District of Columbia
John R. Hess Asst. Corporation Counsel
C. Francis Murphy Corporation Counsel
Richard W. Barton Asst. Corporation Counsel
District Building
Washington, D.C.

[2 ELR 20096]

The petition for a writ of certiorari is denied.

[2 ELR 20096]

MR. CHIEF JUSTICE BURGER, concurring.

I concur in the denial of certiorari in this case, but solely out of considerations of timing. Questions of great importance to the Washington area are presented by the petition, not the least of which is whether the Court of Appeals has, for a second time, unjustifiably frustrated the efforts of the Executive Branch to comply with the will of Congress as rather clearly expressed in § 23 of the Federal-Aid Highway Act of 1968. If we were to grant the writ, however, it would be almost a year before we could render a decision in the case. It seems preferable, therefore, that we stay our hand. In these circumstances Congress may, of course, take any further legislative action it deems necessary to make unmistakably clear its intentions with respect to the Three Sisters Bridge project, even to the point of limiting or prohibiting judicial review of its directives.