Decision on Remand Delivered in Overton Park
Litigation over the proposed construction of Interstate 40 through Overton Park in Memphis continues to make new law concerning judicial review of informal administrative action that affects the environment.1 Attorneys will recall that on February 26, 1970, the federal district court for the Western District of Tennessee granted summary judgment for defendants, finding that Secretary Volpe had adequately considered alternatives to the use of parkland for the highway. The Sixth Circuit affirmed. 1 ELR 20053.