ELR Citation: ELR 20719
No(s). C-C-88-195-P (W.D.N.C. Feb 27, 1990)

On remand from the Fourth Circuit, the court holds that the Secretary of Transportation properly determined under §4(f) of the Department of Transportation Act that alternatives to a highway widening project through a historic site were not prudent. The remand resulted when a neighborhood organization appealed a district court's denial of the organization's suit seeking to enjoin the proposed widening of a North Carolina highway through historic property. The court holds that it has made the probing inquiry mandated by the Supreme Court in Overton Park v. Volpe as to whether the Secretary properly construed his authority. The court finds that the Secretary acted within the scope of his authority in approving the use of the §4(f) land, since the feasible alternatives were not prudent. The court construes the Supreme Court's use of the term "unique" in Overton Park as emphatic rather than as a substitute for the term "prudent" found in the text of §4(f). Moreover, the court holds that the Secretary's failure to demonstrate an implicit or explicit recognition of the Overton Park standard in the final §4(f) evaluation is not fatal, since the statute requires no such reference, but merely requires a reviewing court to determine if the Secretary considered all relevant factors and standards in assessing whether alternatives are prudent. Finally, the court holds that while no single factor considered by the Secretary or the court would justify the rejection of any of the alternatives as being imprudent, the collective impact of adverse factors, such as environmental impacts, safety, geometric problems, decreased traffic service, increased cost, and any other relevant factor, properly may be considered and may cumulatively amount to an alternative being imprudent.

[The Fourth Circuit's decision is published at 20 ELR 20540.]

Counsel for Plaintiff
Michael S. Scofield
212 S. Tryon St., Ste. 980, Charlotte NC 28281
(704) 331-9348

Counsel for Defendants
Clifford C. Marshall, Ass't U.S. Attorney
306 U.S. Courthouse, 100 Otis St., Asheville NC 28801-2611
(704) 259-0661

James E. Scapellato
Federal Highway Administration
1720 Peachtree Rd. NW, Ste. 200, Atlanta GA 30367
(404) 347-4040