West v. Secretary of the Department of Transportation
Court of Appeals for the Ninth Circuit
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
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
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- County of Los Angeles v. DavisSupreme Court of the United States · 1979
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