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Administrative Law Keyed to Asimow
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 dispute 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 containing a zoo, golf course, outdoor theater, nature trails, and forest areas. The highway would sever the zoo from the rest of the park and destroy 26 acres of parkland. Although the route through the park was initially approved in 1956, the Department of Transportation Act of 1966 and the Federal-Aid Highway Act of 1968 imposed new restrictions on using parkland for highways. The Secretary approved the route in 1968 and the design in 1969 without making formal findings explaining why there were no feasible and prudent alternatives or why the selected design minimized harm to the park. Petitioners challenged this decision, arguing that alternatives existed and that the Secretary merely deferred to local officials rather than making an independent determination as required by law.
#Issue:
Does the Secretary of Transportation’s decision to authorize federal funding for a highway through a public park comply with statutory requirements that he not approve such projects unless (1) no feasible and prudent alternative exists and (2) all possible planning to minimize harm has been undertaken?
#Holding:
No, the case must be remanded for plenary review based on the full administrative record rather than post hoc rationalizations in litigation affidavits to determine whether the Secretary properly considered alternatives and followed statutory requirements.
#Concurring Opinions:
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