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Administrative Law Keyed to Schwartz
National Park Hospitality Association v. Department of Interior
Citation:
538 U.S. 803 (2003)Facts
The Contract Disputes Act of 1978 (CDA) establishes rules for resolving disputes arising from certain government contracts. The National Park Service (NPS) has long maintained that the CDA does not apply to concession contracts, which authorize private businesses to provide services to visitors in national parks. After Congress enacted the National Parks Omnibus Management Act of 1998, NPS issued regulations including 36 CFR § 51.3, which explicitly stated that concession contracts are not subject to the CDA. The National Park Hospitality Association, representing concessioners doing business in national parks, challenged this regulation. The case reached the Supreme Court as a facial challenge to the regulation, not in the context of a concrete dispute over a particular concession contract. The Court raised the question of whether the case was ripe for judicial review.
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