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Administrative Law Keyed to Koch
Citizens to Preserve Overton Park, Inc. v. Volpe
Citation:
401 U.S. 402, 91 S. Ct. 814, 28 L. Ed. 2d 136 (1971)Facts
The controversy centered on the Secretary of Transportation’s approval of a six-lane interstate highway (I-40) through Overton Park, a 342-acre city park in Memphis, Tennessee. The park contained a zoo, golf course, and forest area. The Department of Transportation Act and the Federal-Aid Highway Act both contained provisions prohibiting the use of parkland for highway construction unless there were no “feasible and prudent” alternatives and “all possible planning to minimize harm” had been done. The Secretary approved the route through the park without making formal findings explaining why he believed there were no feasible and prudent alternative routes or why design changes could not be made to reduce harm to the park.
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