## Facts

- Members of a civic organization sued to block federal approval and funding of an interstate highway project in San Antonio that would route a “North Expressway” through a major public park.
- The park contained recreational and natural features, including golf courses, a zoo, gardens, an outdoor theater, and substantial open space.
- Petitioners relied on federal park-protection constraints tied to federal-aid highways, requiring avoidance of public parks unless there is no feasible and prudent alternative.
- Petitioners alleged the project would cause extensive environmental and recreational harm, including loss of vegetation and increased air and noise pollution.

## Issues

1. Whether the Supreme Court should grant certiorari before judgment to review a pending court-of-appeals case challenging federal-aid highway routing through a public park.
2. Whether an emergency stay preventing construction should remain in place while appellate review proceeds.
3. (Underlying merits dispute not decided) Whether federal approval and funding for a park-crossing route complied with federal statutory requirements protecting public parks.

## Decision

- The Supreme Court denied the petition for a writ of certiorari before judgment.
- The Court dissolved its earlier stay that had temporarily halted construction.
- The denial left undisturbed the district court’s posture permitting construction and federal funding for two approach segments while the court retained jurisdiction over the unapproved middle segment crossing the park.
- Justice Black, joined by Justices Douglas and Brennan, dissented from the denial of certiorari and dissolution of the stay, arguing the Court should have addressed the proper enforcement of the federal park-protection statute and warning that allowing partial construction could effectively commit the project to a park-crossing route.

## Legal Principles

- A denial of certiorari does not decide the merits and does not establish binding Supreme Court precedent on the substantive legal questions presented.
- Certiorari before judgment is an exceptional procedural device; denial leaves ongoing appellate proceedings and lower-court orders in place.
- Emergency stays may be granted or dissolved based on the Court’s assessment of whether interim relief is warranted pending further review; dissolution restores the status quo under the operative lower-court rulings.

## Conclusion

The Supreme Court declined immediate review of a dispute over a federally funded highway project affecting a public park and lifted a previously imposed construction stay, leaving the case to continue in the ordinary appellate process and prompting a dissent that urged stronger judicial oversight of federal park-protection requirements.


Named Individual Members of the San Antonio Conservation Society v. Texas Highway Dep’t, 400 U.S. 968 (1970)