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CITY OF ALEXANDRIA, VA. v. FEDERAL HIGHWAY ADMIN.

No. 84-1349.

756 F.2d 1014 (1985)

CITY OF ALEXANDRIA, VIRGINIA, A Municipal Corp., The City Council of Alexandria, Virginia, A Body Politic, Appellants, and Board of Supervisors of Fairfax County, Virginia, Plaintiff, v. FEDERAL HIGHWAY ADMINISTRATION; Ray A. Barnhart, Administrator, Federal Highway Administration; Commonwealth of Virginia; Virginia Department of Highways and Transportation; Harold C. King, Commissioner, Va. Dept. of Highways; and Elizabeth Hanford Dole, Secretary of Transportation, U.S., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1985.

Attorney(s) appearing for the Case

Jerry K. Emrich, Arlington, Va. (Walsh, Colucci, Malinchak, Emrich & Lubeley, P.C., Arlington, Va., Cyril D. Calley, Alexandria City Atty., Alexandria, Va., on brief), for appellants.

Albert M. Ferlo, Jr., Dept. of Justice, Washington, D.C. (James F. Hayes and E. Suzanne Darling, Asst. Attys. Gen., F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., Elsie L. Munsell, U.S. Atty., Alexandria, Va., Paula M. Potoczak, Asst. U.S. Atty., Dirk D. Snel, Dept. of Justice, Washington, D.C., on brief), for appellees.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

This appeal presents the issue of whether the Federal Highway Administration (FHWA) acted arbitrarily and capriciously in concluding that the Shirley Highway Traffic Management System was categorically excluded from the National Environmental Policy Act's requirements. We agree with the district court that FHWA's actions were not arbitrary and capricious and therefore affirm.

I.

Shirley Highway (I-395) is a limited...

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