ELR Citation: ELR 20327
No(s). 73-1668 (6th Cir. Apr 3, 1974)

The Sixth Circuit Court of Appeals reverses a lower court ruling that found inadequate and remanded to the Secretary of Transportation his refusal to approve the use of parkland in Memphis for highway construction. Section 4(f) of the Department of Transportation Act of 1966 requires the Secretary to scrutinize proposed highway projects for the protection of parklands, and prohibits him from approving such projects which are designed to use parkland, unless he finds that no prudent and feasible alternative routes exist. If he does disapprove a project, the Secretary is not then required to determine or choose a particular alternative route. That responsibility, as the provisions of the Federal-Aid Highway Act show, rests with the state, and until the state submits another proposal to the Secretary designating a new route, his statutory obligation is fulfilled. The court notes that the Secretary did furnish the state with a list of possible alternative routes for investigation. For the district court's opinion, see 3 ELR 20423. For earlier opinions of the Supreme Court and of the district court, see 1 ELR 20110 and 2 ELR 20061.

Counsel for Plaintiffs
Charles F. Newman
Burch, Porter & Johnson
130 N. Court Avenue
Memphis, TN 38103

John W. Vardaman, Jr.
Williams, Connolly & Califano
1000 Hill Building
Washington, DC 20006

Counsel for Defendants
Leonard Schaitman
James Prochnow
Judith S. Feigen
Stephen Eilperin
Department of Justice
Washington, DC 20530

Thomas F. Turley U.S. Attorney
1058 Federal Building
Memphis, TN 38103

David M. Pack Attorney General of Tennessee
Supreme Court Building
Nashville, TN 37219

J. Alan Hanover
Hanover, Walsh, Barnes & Jalenak
219 Adams Avenue
Memphis, TN 38103