citizens
preserve
overton
park
volpe
argued
january
decided
march
department
transportation
act
highway
act
secretary
transportation
may
authorize
use
federal
funds
finance
construction
highways
public
parks
feasible
prudent
alternative
route
exists
route
available
may
approve
construction
possible
planning
minimize
harm
park
petitioners
contend
secretary
violated
statutes
authorizing
interstate
highway
memphis
public
park
april
secretary
announced
agreed
local
officials
highway
go
park
september
state
acquired
inside
park
november
secretary
announced
final
approval
including
design
road
neither
announcement
secretary
accompanied
factual
findings
respondents
introduced
affidavits
district
indicating
secretary
made
decision
supportable
petitioners
filed
counter
affidavits
sought
take
deposition
former
federal
highway
administrator
district
appeals
found
formal
findings
required
refused
order
deposition
former
administrator
courts
held
affidavits
afforded
basis
determining
secretary
exceeded
authority
held
secretary
action
subject
judicial
review
pursuant
administrative
procedure
act
pp
indication
congress
sought
limit
prohibit
judicial
review
exemption
action
committed
agency
discretion
apply
secretary
law
apply
rather
discretion
pp
although
act
de
novo
review
required
secretary
approval
route
need
meet
test
reviewing
must
conduct
substantial
inquiry
determine
whether
secretary
acted
within
scope
authority
whether
decision
within
small
range
available
choices
whether
reasonably
believed
feasible
alternatives
must
find
actual
choice
arbitrary
capricious
abuse
discretion
otherwise
accordance
law
secretary
followed
necessary
procedural
requirements
pp
formal
findings
secretary
required
case
pp
relevant
statutes
require
formal
findings
ambiguity
secretary
action
although
regulation
requiring
formal
findings
issued
secretary
approved
route
remand
necessary
administrative
record
facilitating
full
prompt
review
secretary
action
pp
case
remanded
district
plenary
review
secretary
decision
pp
lower
review
based
litigation
affidavits
whole
record
inadequate
basis
review
view
lack
formal
findings
may
require
administrative
officials
participated
decision
give
testimony
explaining
action
require
secretary
make
formal
findings
marshall
wrote
opinion
burger
harlan
stewart
white
blackmun
joined
black
filed
separate
opinion
brennan
joined
post
blackmun
filed
separate
statement
post
douglas
took
part
consideration
decision
case
john
vardaman
argued
cause
petitioners
briefs
edward
bennett
williams
solicitor
general
griswold
argued
cause
respondent
volpe
brief
assistant
attorney
general
gray
alan
rosenthal
daniel
joseph
alan
hanover
argued
cause
respondent
speight
brief
david
pack
attorney
general
tennessee
lurton
goodpasture
assistant
attorney
general
james
jalenak
briefs
amici
curiae
filed
james
manire
jack
petree
city
memphis
et
roberts
owen
gerald
norton
committee
federal
city
et
al
opinion
justice
marshall
announced
justice
stewart
growing
public
concern
quality
natural
environment
prompted
congress
recent
years
enact
legislation
designed
curb
accelerating
destruction
country
natural
beauty
concerned
case
department
transportation
act
amended
highway
act
stat
supp
hereafter
statutes
prohibit
secretary
transportation
authorizing
use
federal
funds
finance
construction
highways
public
parks
feasible
prudent
alternative
route
exists
route
available
statutes
allow
approve
construction
parks
possible
planning
minimize
harm
park
petitioners
private
citizens
well
local
national
conservation
organizations
contend
secretary
violated
statutes
authorizing
expenditure
federal
funds
construction
interstate
highway
public
park
memphis
tennessee
claim
rejected
district
granted
secretary
motion
summary
judgment
appeals
sixth
circuit
affirmed
oral
argument
granted
stay
halted
construction
treating
application
stay
petition
certiorari
granted
review
reverse
judgment
remand
proceedings
district
overton
park
city
park
located
near
center
memphis
park
contains
zoo
municipal
golf
course
outdoor
theater
nature
trails
bridle
path
art
academy
picnic
areas
acres
forest
proposed
highway
expressway
sever
zoo
rest
park
although
roadway
depressed
ground
level
except
crosses
small
creek
acres
park
destroyed
highway
segment
interstate
highway
part
national
system
interstate
defense
highways
provide
memphis
major
expressway
allow
easier
access
downtown
memphis
residential
areas
eastern
edge
city
although
route
park
approved
bureau
public
roads
federal
highway
administrator
enactment
department
transportation
act
prevented
distribution
federal
funds
section
highway
designated
go
overton
park
secretary
transportation
determined
whether
requirements
met
federal
funding
rest
project
however
available
state
acquired
sides
park
april
secretary
announced
concurred
judgment
local
officials
built
park
september
state
acquired
inside
overton
park
city
final
approval
project
route
well
design
announced
november
congress
reiterated
highway
act
highway
construction
public
parks
restricted
neither
announcement
approving
route
design
accompanied
statement
secretary
factual
findings
indicate
believed
feasible
prudent
alternative
routes
design
changes
made
reduce
harm
park
petitioners
contend
secretary
action
invalid
without
formal
findings
secretary
make
independent
determination
merely
relied
judgment
memphis
city
council
also
contend
feasible
prudent
route
around
overton
park
either
north
south
argue
alternative
routes
feasible
prudent
present
plan
include
possible
methods
reducing
harm
park
petitioners
claim
built
park
using
either
two
possible
tunneling
methods
claim
minimum
using
advanced
drainage
techniques
expressway
depressed
ground
level
along
entire
route
park
including
section
crosses
small
creek
respondents
argue
unnecessary
secretary
make
formal
findings
fact
exercise
independent
judgment
supported
facts
district
respondents
introduced
affidavits
prepared
specifically
litigation
indicated
secretary
made
decision
decision
supportable
affidavits
contradicted
affidavits
introduced
petitioners
also
sought
take
deposition
former
federal
highway
administrator
participated
decision
route
overton
park
district
appeals
found
formal
findings
secretary
necessary
refused
order
deposition
former
federal
highway
administrator
courts
believed
probing
mental
processes
administrative
decisionmaker
prohibited
believing
secretary
authority
wide
reviewing
courts
authority
narrow
approval
highway
routes
lower
courts
held
affidavits
contained
basis
determination
secretary
exceeded
authority
agree
formal
findings
required
believe
case
judicial
review
based
solely
litigation
affidavits
adequate
threshold
question
whether
petitioners
entitled
judicial
review
easily
answered
section
administrative
procedure
act
supp
provides
action
authority
government
includes
department
transportation
subject
judicial
review
except
statutory
prohibition
review
agency
action
committed
agency
discretion
law
case
indication
congress
sought
prohibit
judicial
review
certainly
showing
clear
convincing
evidence
legislative
intent
restrict
access
judicial
review
abbott
laboratories
gardner
brownell
shung
similarly
secretary
decision
fall
within
exception
action
committed
agency
discretion
narrow
exception
berger
administrative
arbitrariness
judicial
review
rev
legislative
history
administrative
procedure
act
indicates
applicable
rare
instances
statutes
drawn
broad
terms
given
case
law
apply
section
department
transportation
act
highway
act
clear
specific
directives
department
transportation
act
highway
act
provide
secretary
shall
approve
program
project
requires
use
public
parkland
unless
feasible
prudent
alternative
use
land
program
includes
possible
planning
minimize
harm
park
supp
supp
language
plain
explicit
bar
use
federal
funds
construction
highways
parks
unusual
situations
exempted
despite
clarity
statutory
language
respondents
argue
secretary
wide
discretion
recognize
requirement
feasible
alternative
route
admits
little
administrative
discretion
exemption
apply
secretary
must
find
matter
sound
engineering
feasible
build
highway
along
route
respondents
argue
however
requirement
prudent
route
requires
secretary
engage
balancing
competing
interests
contend
secretary
weigh
detriment
resulting
destruction
parkland
cost
routes
safety
considerations
factors
determine
basis
importance
attaches
factors
whether
balance
alternative
feasible
routes
prudent
endeavor
intended
obvious
cases
considerations
cost
directness
route
community
disruption
indicate
parkland
used
highway
construction
whenever
possible
although
may
necessary
transfer
funds
one
jurisdiction
another
always
smaller
outlay
required
public
purse
parkland
used
since
public
already
owns
land
need
pay
since
people
live
work
parks
highway
built
parkland
one
leave
home
give
business
factors
common
substantially
highway
construction
thus
congress
intended
factors
equal
footing
preservation
parkland
need
statutes
congress
clearly
intend
cost
disruption
community
ignored
secretary
existence
statutes
indicates
protection
parkland
given
paramount
importance
green
havens
public
parks
lost
unless
truly
unusual
factors
present
particular
case
cost
community
disruption
resulting
alternative
routes
reached
extraordinary
magnitudes
statutes
meaning
secretary
approve
destruction
parkland
unless
finds
alternative
routes
present
unique
problems
plainly
law
apply
thus
exemption
action
committed
agency
discretion
inapplicable
existence
judicial
review
start
standard
review
must
also
determined
must
look
administrative
procedure
act
supp
provides
reviewing
shall
hold
unlawful
set
aside
agency
action
findings
conclusions
found
meet
six
separate
standards
cases
agency
action
must
set
aside
action
arbitrary
capricious
abuse
discretion
otherwise
accordance
law
action
failed
meet
statutory
procedural
constitutional
requirements
supp
certain
narrow
specifically
limited
situations
agency
action
set
aside
action
supported
substantial
evidence
equally
narrow
circumstances
reviewing
engage
de
novo
review
action
set
aside
unwarranted
facts
supp
petitioners
argue
secretary
approval
construction
overton
park
subject
one
latter
two
standards
limited
applicability
first
contend
substantial
evidence
standard
must
applied
alternative
claim
applies
must
de
novo
review
determine
secretary
action
unwarranted
facts
neither
standards
however
applicable
review
test
authorized
agency
action
taken
pursuant
rulemaking
provision
administrative
procedure
act
supp
agency
action
based
public
adjudicatory
hearing
see
supp
secretary
decision
allow
expenditure
federal
funds
build
overton
park
plainly
exercise
rulemaking
function
see
davis
administrative
law
treatise
hearing
required
either
administrative
procedure
act
statutes
regulating
distribution
federal
funds
highway
construction
public
hearing
conducted
local
officials
purpose
informing
community
proposed
project
eliciting
community
views
design
route
supp
hearing
nonadjudicatory
nature
designed
produce
record
basis
agency
action
basic
requirement
review
see
sess
petitioners
alternative
argument
also
fails
de
novo
review
whether
secretary
decision
unwarranted
facts
authorized
two
circumstances
first
de
novo
review
authorized
action
adjudicatory
nature
agency
factfinding
procedures
inadequate
may
independent
judicial
factfinding
issues
agency
raised
proceeding
enforce
nonadjudicatory
agency
action
sess
neither
situation
exists
even
though
de
novo
review
case
secretary
approval
route
ultimately
meet
test
generally
applicable
standards
require
reviewing
engage
substantial
inquiry
certainly
secretary
decision
entitled
presumption
regularity
see
pacific
box
basket
white
chemical
foundation
presumption
shield
action
thorough
probing
review
first
required
decide
whether
secretary
acted
within
scope
authority
schilling
rogers
determination
naturally
begins
delineation
scope
secretary
authority
discretion
jaffe
judicial
control
administrative
action
shown
congress
specified
small
range
choices
secretary
make
also
involved
initial
inquiry
determination
whether
facts
secretary
decision
reasonably
said
within
range
reviewing
must
consider
whether
secretary
properly
construed
authority
approve
use
parkland
limited
situations
feasible
alternative
routes
feasible
alternative
routes
involve
uniquely
difficult
problems
reviewing
must
able
find
secretary
reasonably
believed
case
feasible
alternatives
alternatives
involve
unique
problems
scrutiny
facts
end
however
determination
secretary
acted
within
scope
statutory
authority
section
requires
finding
actual
choice
made
arbitrary
capricious
abuse
discretion
otherwise
accordance
law
supp
make
finding
must
consider
whether
decision
based
consideration
relevant
factors
whether
clear
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judgment
jaffe
supra
see
mcbee
bomar
josephson
western
addition
community
organization
weaver
supp
nd
cal
see
also
wong
wing
hang
immigration
naturalization
although
inquiry
facts
searching
careful
ultimate
standard
review
narrow
one
empowered
substitute
judgment
agency
final
inquiry
whether
secretary
action
followed
necessary
procedural
requirements
procedural
error
alleged
failure
secretary
make
formal
findings
state
reason
allowing
highway
built
park
undoubtedly
review
secretary
action
hampered
failure
make
findings
absence
formal
findings
necessarily
require
case
remanded
secretary
neither
department
transportation
act
highway
act
requires
formal
findings
moreover
administrative
procedure
act
requirements
formal
findings
certain
rulemaking
adjudicatory
proceedings
apply
secretary
action
see
supp
although
formal
findings
may
required
cases
absence
statutory
directives
nature
agency
action
ambiguous
situations
rare
see
city
yonkers
american
trucking
assns
plainly
ambiguity
secretary
approved
construction
overton
park
approved
specific
design
project
petitioners
contend
although
may
statutory
requirement
secretary
make
formal
findings
even
though
may
case
reviewing
impose
requirement
findings
made
department
transportation
regulations
require
argument
based
dot
order
requires
secretary
make
formal
findings
approves
use
parkland
highway
construction
issued
route
approved
petitioners
argue
even
though
order
effect
time
approval
given
overton
park
project
even
though
order
intended
retrospective
effect
order
represents
law
time
decision
thorpe
housing
authority
applied
case
thorpe
litigation
resulted
attempt
evict
tenant
federally
funded
housing
project
circumstances
suggested
eviction
prompted
tenant
objections
management
project
despite
repeated
requests
housing
authority
give
explanation
action
tenant
claimed
eviction
interfered
exercise
first
amendment
rights
failure
state
reasons
eviction
afford
hearing
denied
due
process
denial
relief
state
courts
granted
certiorari
consider
whether
tenant
denied
due
process
housing
authority
refusal
state
reasons
eviction
afford
hearing
contest
sufficiency
reasons
case
pending
department
housing
urban
development
issued
regulations
requiring
housing
authority
officials
inform
tenants
reasons
eviction
give
tenant
opportunity
reply
case
remanded
state
courts
determine
hud
regulations
applicable
case
state
held
applicable
reversed
ground
general
rule
appellate
must
apply
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effect
time
renders
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question
dot
order
constitutes
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effect
time
decision
believe
thorpe
compels
us
remand
secretary
make
formal
findings
unlike
situation
thorpe
change
circumstances
additional
cleared
inside
overton
park
purchased
state
moreover
administrative
record
allows
full
prompt
review
secretary
action
sought
without
additional
delay
result
remand
secretary
administrative
record
however
us
lower
courts
based
review
litigation
affidavits
presented
affidavits
merely
post
hoc
rationalizations
burlington
truck
lines
traditionally
found
inadequate
basis
review
burlington
truck
lines
supra
sec
chenery
clearly
constitute
whole
record
compiled
agency
basis
review
required
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supra
thus
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remand
case
district
plenary
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secretary
decision
review
based
full
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secretary
time
made
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since
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record
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secretary
construction
evidence
may
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district
require
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secretary
acted
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secretary
action
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officials
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mental
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decisionmakers
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must
strong
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way
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examining
decisionmakers
see
shaughnessy
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district
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may
secretary
prepare
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findings
including
information
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dot
order
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hoc
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district
decides
additional
explanation
necessary
consider
method
prove
expeditious
full
review
may
soon
possible
reversed
remanded
footnotes
hereby
declared
national
policy
special
effort
made
preserve
natural
beauty
countryside
public
park
recreation
lands
wildlife
waterfowl
refuges
historic
sites
secretary
transportation
shall
cooperate
consult
secretaries
interior
housing
urban
development
agriculture
developing
transportation
plans
programs
include
measures
maintain
enhance
natural
beauty
lands
traversed
august
secretary
shall
approve
program
project
requires
use
publicly
owned
land
public
park
recreation
area
wildlife
waterfowl
refuge
national
state
local
significance
determined
federal
state
local
officials
jurisdiction
thereof
land
historic
site
national
state
local
significance
determined
officials
unless
feasible
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use
land
program
includes
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planning
minimize
harm
park
recreational
area
wildlife
waterfowl
refuge
historic
site
resulting
use
stat
supp
hereby
declared
national
policy
special
effort
made
preserve
natural
beauty
countryside
public
park
recreation
lands
wildlife
waterfowl
refuges
historic
sites
secretary
transportation
shall
cooperate
consult
secretaries
interior
housing
urban
development
agriculture
developing
transportation
plans
programs
include
measures
maintain
enhance
natural
beauty
lands
traversed
effective
date
highway
act
secretary
shall
approve
program
project
requires
use
publicly
owned
land
public
park
recreation
area
wildlife
waterfowl
refuge
national
state
local
significance
determined
federal
state
local
officials
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thereof
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site
national
state
local
significance
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officials
unless
feasible
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land
program
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harm
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recreational
area
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waterfowl
refuge
historic
site
resulting
use
supp
supp
supp
ibid
see
case
originated
district
district
columbia
application
secretary
transportation
transferred
district
western
district
tennessee
entered
summary
judgment
ordered
case
heard
expedited
schedule
proposed
feet
wide
follow
route
presently
existing
nonaccess
bus
route
carries
occasional
bus
traffic
along
see
supp
also
provide
express
bypass
traffic
memphis
time
bureau
public
roads
part
department
commerce
department
transportation
act
et
seq
supp
became
effective
april
transferred
bureau
new
department
transportation
secretary
approved
acquisitions
shortly
effective
date
state
paid
city
memphis
park
commission
replace
park
facilities
destroyed
highway
city
memphis
used
funds
pay
new
park
anticipated
additional
parkland
acquired
remaining
money
respondents
argue
issue
raised
petitioners
pleadings
failure
secretary
make
formal
findings
petitioners
complaint
read
revealing
light
conley
gibson
clear
petitioners
also
challenged
merits
secretary
decision
petitioners
contend
former
federal
highway
administrator
bridwell
account
april
meeting
memphis
city
council
given
senate
subcommittee
roads
senate
committee
public
works
supports
charge
see
hearings
urban
highway
planning
location
design
subcommittee
roads
senate
committee
public
works
pt
pp
petitioners
argue
either
bored
tunnel
tunnel
fully
depressed
route
covered
construction
built
respondents
contend
construction
tunnel
either
method
greatly
increase
cost
project
create
safety
hazards
increases
air
pollution
reduce
harm
park
petitioners
contend
adequate
drainage
provided
using
mechanical
pumps
form
inverted
siphon
claim
devices
often
used
expressway
construction
petitioners
wanted
question
former
highway
administrator
bridwell
see
supra
addition
department
transportation
act
makes
administrative
procedure
act
applicable
proceedings
department
transportation
supp
see
also
rusk
cort
scope
exception
subject
extensive
commentary
see
berger
administrative
arbitrariness
synthesis
yale
saferstein
nonreviewability
functional
analysis
committed
agency
discretion
harv
rev
davis
administrative
arbitrariness
always
reviewable
rev
berger
administrative
arbitrariness
sequel
rev
see
cong
rec
statement
holifield
see
supra
see
cong
rec
statement
yarborough
see
legislative
history
indicates
secretary
limit
consideration
information
supplied
state
local
officials
go
beyond
information
reach
independent
decision
cong
rec
legislative
history
department
transportation
act
supp
highway
act
supp
ambiguous
legislative
committee
reports
tend
support
respondents
view
statutes
merely
general
directives
secretary
requiring
consider
importance
parkland
well
cost
community
disruption
factors
see
statements
proponents
statutes
well
senate
committee
report
indicate
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limited
authority
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cong
rec
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legislative
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relevant
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constitutional
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provisions
determine
meaning
applicability
terms
agency
action
reviewing
shall
compel
agency
action
unlawfully
withheld
unreasonably
delayed
hold
unlawful
set
aside
agency
action
findings
conclusions
found
arbitrary
capricious
abuse
discretion
otherwise
accordance
law
contrary
constitutional
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power
privilege
immunity
excess
statutory
jurisdiction
authority
limitations
short
statutory
right
without
observance
procedure
required
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unsupported
substantial
evidence
case
subject
sections
title
otherwise
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record
agency
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determinations
shall
review
whole
record
parts
cited
party
due
account
shall
taken
rule
prejudicial
error
supp
regulation
promulgated
pursuant
executive
order
dated
march
fed
reg
instructed
federal
agencies
initiate
procedures
needed
direct
policies
programs
toward
meeting
national
environmental
goals
dot
order
issued
october
even
formal
findings
secretary
mandatory
proper
course
remand
case
district
directing
order
secretary
make
formal
findings
see
robertson
kirkham
jurisdiction
wolfson
kurland
ed
course
district
prohibited
remanding
case
secretary
see
infra
solicitor
general
urges
order
avoid
additional
delay
proper
course
remand
case
district
review
full
administrative
record
separate
opinion
justice
black
justice
brennan
joins
agree
judgment
appeals
wrong
action
reversed
agree
whole
matter
remanded
district
think
case
sent
back
secretary
transportation
apparent
opinion
today
secretary
transportation
completely
failed
comply
duty
imposed
upon
congress
permit
federally
financed
public
highway
run
public
park
unless
feasible
prudent
alternative
use
land
program
includes
possible
planning
minimize
harm
park
supp
supp
congressional
command
taken
lightly
secretary
represents
solemn
determination
highest
body
nation
beauty
facilities
parks
taken
away
public
roads
without
hearings
factfindings
policy
determinations
supervision
cabinet
officer
secretary
transportation
act
congress
connection
federal
highway
aid
legislation
seems
calls
hearings
hearings
review
hearings
demonstrate
mere
arbitrary
defiance
secretary
whether
findings
growing
hearings
labeled
formal
informal
appears
exercise
semantics
whatever
hearing
requirements
might
department
transportation
failed
meet
case
regret
compelled
conclude
except
formulations
apparently
coming
solicitor
general
office
record
contains
one
word
indicate
secretary
raised
even
finger
comply
command
congress
duty
believe
remand
whole
matter
back
secretary
transportation
give
matter
hearing
deserves
full
obedience
act
congress
act
obviously
passed
protect
public
parks
forays
road
builders
except
extraordinary
imperative
circumstances
record
demonstrate
existence
circumstances
dissent
failure
send
case
back
secretary
whose
duty
yet
performed
see
supp
regulations
promulgated
thereunder
fed
reg
see
also
named
individual
members
san
antonio
conservation
society
texas
highway
department
dissents
denial
certiorari
justice
blackmun
fully
join
opinion
judgment
merely
wish
state
obvious
case
comes
end
product
decade
endeavor
solve
interstate
highway
problem
memphis
administrative
decisions
attack
single
secretary
made
present
secretary
predecessor
department
commerce
bureau
public
roads
act
act
cut
across
former
methods
imposed
new
standards
conditions
upon
situation
already
largely
developed
undoubtedly
record
sketchy
less
one
expect
project
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instituted
passage
act