ELR Citation: ELR 20423
No(s). C-70-17 (W.D. Tenn. Apr 19, 1973)

The Secretary of Transportation may not reject a proposal to route a highway through a public park without designating feasible and prudent alternatives to the plan. Although the Federal-Aid Highway Act of 1968 states only that the Secretary must show the absence of feasible and prudent alternatives before approving a project that uses publicly owned land, the statute by implication also requires a showing of such alternatives before a project may be disapproved. Owing to the Secretary's failure to so designate alternatives, the case is remanded for his further consideration. For the original decision in federal district court, see 309 F. Supp. 1189, affirmed by the Court of Appeals, 1 ELR 20053; reversed and remanded by the Supreme Court for plenary review, 1 ELR 20110. On remand to the district court, see 1 ELR 20447. For the decision of the district court, remanding to the Secretary, see 2 ELR 20061.

Counsel for Plaintiffs
Burch, Porter, & Johnson
128 N. Court Ave.
Memphis, TN 38103

Counsel for Defendants
Jay Alan Hanover
219 Adams Avenue Building
Memphis, TN 38103

Dale Woodall
900 Memphis Bank Building
Memphis, TN 38103