West

West v. Secretary of the Department of Transportation

Good Law
2000 Daily Journal DAR 2967·206 F.3d 920·30 Envtl. L. Rep. (Envtl. Law Inst.) 20444·50 ERC (BNA) 1560·2000 Cal. Daily Op. Serv. 2171
United States Court of Appeals for the Ninth CircuitMarch 20, 2000No. 97-36118California5,615 words

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…

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