West
West v. Secretary of the Department of Transportation
Opinion
Lead Opinion
Fletcher, J.
Opinion by Judge FLETCHER; Dissent by Judge THOMAS.
Arthur S. West appeals pro se the district court’s dismissal of his claims challenging the Federal Highway Administration’s (“FHWA”) decision to categorically exclude a two-stage highway interchange project from review under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4332 . The district court determined that the FHWA’s decision to proceed using a documented categorical exclusion was not arbitrary and capricious. We have jurisdiction pursuant to. 28 U.S.C. § 1291 . We reverse and remand.
I. BACKGROUND
In 1985, the city of DuPont identified the need for a new highway interchange in its Comprehensive Plan, in part to accommodate the traffic demands generated by existing growth and sizeable growth forecast for the area. Intel, a large computer *923 chip maker planned to open a DuPont campus, and Weyerhaeuser proposed to build a 3,200-acre master planned unit development called Northwest Landing consisting of residential, commercial, and light industrial uses. In a 1995 Final Supplemental Environmental Impact Statement for its Comprehensive Plan, DuPont considered the environmental impacts of this increased growth…