Environmental Defense Fund v. Brinegar

ELR Citation: ELR 20534
No(s). s. 70-2651, 72-419 (E.D. Pa. Apr 25, 1974)

In deciding whether a feasible and prudent alternative exists to construction of a federally funded highway through parkland, the Secretary of Transportation may defer to local opinion as to whether an area is a public park, but may not defer to local preference as to its use, and instead must consi...