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Administrative Law Keyed to Seamon
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 a plan to build a six-lane interstate highway (I-40) through the park, which would destroy 26 acres of parkland and separate the zoo from the rest of the park. The route through the park was initially approved in 1956, but the enactment of § 4(f) of the Department of Transportation Act in 1966 imposed new requirements before federal funds could be used. In 1968, the Secretary announced his concurrence with local officials that I-40 should be built through the park, and in 1969, final approval was given. The Secretary did not provide formal findings explaining why there were no feasible and prudent alternatives or why design changes could not further minimize harm to the park. The plaintiffs challenged this decision, arguing that alternatives existed and that the Secretary had not made an independent determination as required by law.
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