Supreme Court of the United States

National Park Hospitality Association v. Department of the Interior — Breyer, J., Dissenting

May 27, 2003538 U.S. 803

Summary

Justice Breyer’s dissenting opinion argues that the case satisfies Article III standing and is ripe for judicial review because the Park Service’s regulation excluding CDA protections causes immediate concrete economic injury to prospective bidders and existing concessionaires. He finds the legal issue fit for judicial determination, as the agency’s interpretation is finalized and prospective bidders are threatened with increased bidding costs.