Hypotheticals for Overton Park
 
1.

In the Overton Park case, assume that the Secretary determined that I-40 should be built
through Overton Park because, although it was feasible to build the highway around the park,
the route through the park was the quickest and cheapest route. Would the reviewing
Court have upheld the selection of the route through the park?
 

2.
In the Overton Park case, assume that in the initial hearing held by the Secretary of
Transportation regarding the proposal to build I-40 through Overton Park, several reliable
witnesses (construction engineers, environmental scientists, citizens groups) identified an
alternate route for I-40 around Overton Park (instead of through it) that they testified was a
feasible and prudent route. Only one witness, a transportation engineer who was waiting
to hear whether the Department of Transportation had hired him for a vacant position in
the Department, testified that the alternative route was not feasible. However, based on
the testimony of that witness, who was later hired by the Department, the Secretary of
Transportation made formal findings that the proposed alternative route was not "feasible
and prudent," and that no "feasible or prudent" alternative routes existed. As a result, the
Secretary approved funding for the construction through Overton Park.   Would the
reviewing Court have upheld the selection of the route through the park?
3.
Suppose that the facts are generally the same as in the last hypothetical, and several
witnesses testify that an alternative route around the park is "feasible and prudent." This time,
however, there are also several competent witnesses rebutting that testimony. In addition to
those witnesses, the mayor of Memphis testifies at the hearing that he wants the highway to
be built through the park, so that tourists driving through will be impressed by the beauty of
Memphis, and will want to spend some time and money in the city. Based on the evidence
at the hearing, the Secretary decides to approve the construction of I-40 through the park.
As the basis for his decision, the Secretary explains that construction of I-40 through Overton
Park will enhance Memphis' economic and tourist base. Would the reviewing Court have
upheld the selection of the route through the park?