Legal Opinion

West v. Secretary of the Department of Transportation

Court of Appeals for the Ninth Circuit

Decided March 20, 2000No. 97-36118PublishedCited by 5 opinions

1Opinion of the Court

Opinion by Judge FLETCHER; Dissent by Judge THOMAS.

FLETCHER, Circuit Judge:

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…

Also in this document: Dissent.

2Cases cited29 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  4. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  5. County of Los Angeles v. DavisSupreme Court of the United States · 1979

24 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cantrell v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2001
  2. Cantrell v. City Of Long BeachCourt of Appeals for the Ninth Circuit · 2001
  3. Florida Keys Citizens Coalition, Inc. v. United States Army Corps of EngineersDistrict Court, S.D. Florida · 2005
  4. RB Jai Alai, LLC v. Secretary of the Florida Department of TransportationDistrict Court, M.D. Florida · 2015
  5. Arthur S. West v. Secretary Of The Department Of TransportationCourt of Appeals for the Ninth Circuit · 2000

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