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Administrative Law Keyed to Breyer
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 in Memphis containing a zoo, golf course, outdoor theater, nature trails, and 170 acres of forest. The Department of Transportation approved the construction of a six-lane interstate highway (I-40) 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 restrictions on the use of parkland for highways. These statutes prohibited the Secretary from approving highway projects through parks unless there was “no feasible and prudent alternative” and “all possible planning to minimize harm” had been undertaken. The Secretary approved the route in 1969 without making formal findings explaining why alternative routes were not feasible or prudent, or why design changes could not further reduce harm to the park. The plaintiffs challenged this decision, arguing that the Secretary failed to comply with statutory requirements and merely deferred to local officials rather than making an independent determination.
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