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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Citizens to Preserve Overton Park, Inc. v. Volpe
Citation:
401 U.S. 402, 91 S. Ct. 814, 28 L. Ed. 2d 136 (1971)Facts
Overton Park is a 342-acre city park near downtown Memphis containing a zoo, golf course, outdoor theater, nature trails, and 170 acres of forest. The Department of Transportation approved the construction of Interstate 40, a six-lane expressway, through the park, which would sever the zoo from the rest of the park and destroy 26 acres of parkland. The route through the park was initially approved in 1956, but the 1966 Department of Transportation Act and 1968 Federal-Aid Highway Act imposed new requirements before federal funds could be used for highways through parks. In 1969, the Secretary gave final approval for the project without making formal findings explaining why there were no feasible and prudent alternatives or why the chosen design minimized harm to the park. When challenged in court, the Secretary defended his decision with affidavits prepared specifically for the litigation rather than with the administrative record that was before him when he made the decision.
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