National Park Hospitality Association v. Department of the Interior et al. (538 U.S. 803)
U.S. Supreme Court · decided May 27, 2003 · Supreme Court Database (Spaeth)
- Citation
- 538 U.S. 803 · 123 S. Ct. 2026
- Decided
- May 27, 2003
- Term
- October Term 2002
- Vote
- 7–2
- Majority author
- Justice Thomas
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Thomas delivered the opinion of the Court. Petitioner, a nonprofit trade association that represents concessioners doing business in the national parks, challenges a National Park Service (NPS) regulation that purports to render the Contract Disputes Act of 1978 (CDA), 92 Stat. 2383, 41 U. S. C. § 601 et seq., inapplicable to concession contracts. We conclude that the controversy is not yet ripe for judicial resolution. I The CDA establishes rules governing disputes arising out of certain Government contracts. The statute provides that these disputes first be submitted to an agency’s contracting officer. §605. A Government contractor dissatisfied with the contracting officer’s decision may seek review either from the United States Court of Federal Claims or from an administrative board in the agency. See §§606, 607(d), 609(a). Either decision may then be appealed to the United States Court of Appeals for the Federal Circuit. See 28 U. S. C. § 1295; 41 U. S. C. § 607(g). Since 1916 Congress has charged NPS to “promote and regulate the use of the Federal areas known as national parks,” “conserve the scenery and the natural and historic objects and the wild life therein,” and “provide for [their] enjoyment [in a way that] will leave them unimpaired for the enjoyment of future generations.” An Act To establish a National Park Service, 39 Stat. 535, 16 U. S. C. § 1. To…
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