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CITIZENS TO PRESERVE OVERTON PARK, INC. v. VOLPE

No. 1066.

401 U.S. 402 (1971)

CITIZENS TO PRESERVE OVERTON PARK, INC., ET AL. v. VOLPE, SECRETARY OF TRANSPORTATION, ET AL.

Supreme Court of United States.

Decided March 2, 1971

Attorney(s) appearing for the Case

John W. Vardaman, Jr., argued the cause for petitioners. With him on the briefs was Edward Bennett Williams.

Solicitor General Griswold argued the cause for respondent Volpe. With him on the brief were Assistant Attorney General Gray, Alan S. Rosenthal, and Daniel Joseph. J. Alan Hanover argued the cause for respondent Speight. With him on the brief were David M. Pack, Attorney General of Tennessee, Lurton C. Goodpasture, Assistant Attorney General, and James B. Jalenak.

Briefs of amici curiae were filed by James M. Manire and Jack Petree for the city of Memphis et al., and by Roberts B. Owen and Gerald P. Norton for the Committee of 100 on the Federal City, Inc., et al.

Opinion of the Court by MR. JUSTICE MARSHALL, announced by MR. JUSTICE STEWART.

The growing public concern about the quality of our natural environment has prompted Congress in recent years to enact legislation1 designed to curb the accelerating destruction of our country's natural beauty. We are concerned in this case with § 4 (f) of the Department of Transportation Act of 1966, as amended,2 and §...

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