Duke Law School

Program in Public Law

National Park Hospitality Assn. v. Department of Interior

Three companies who have current concessions contracts with the National Park Service, and an association of concessioners, brought suit challenging, among other things, Park Service regulations that excluded concessions contracts from coverage under the Contract Disputes Act (CDA). The CDA provides an alternative forum for government contract disputes; a contractor may appeal decisions by a contracting official to an administrative board within that agency. The district court granted summary judgment to the government and the court of appeals affirmed.

Question Presented:
Whether a National Park Service regulation that states that National Park Service concession agreements are not contracts within the meaning of the CDA is valid.

Decision under Review

Supreme Court Opinion