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WEST v. SECRETARY OF DEPT. OF TRANSP.

No. 97-36118.

206 F.3d 920 (2000)

Arthur S. WEST, an individual, Plaintiff-Appellant, v. SECRETARY OF THE DEPARTMENT OF TRANSPORTATION; Federal Highway Administration; Sid Morrison; Washington State Department of Transportation; and Weyerhaeuser Real Estate Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2000.

Attorney(s) appearing for the Case

Arthur West, Olympia, Washington, for the plaintiff-appellant.

Brian C. Kipnis, John A. Bryson, Tamara N. Rountree, United States Department of Justice, Washington, D.C., for federal defendants-appellees Department of Transportation and Federal Highway Administration; Deborah Cade, Assistant Attorney General, Olympia, Washington, for state defendant-appellee Washington State Department of Transportation; George A. Kresovich, Brian D. Todd, Hillis Clark Martin & Peterson, Seattle, Washington, for defendant-appellee Weyerhaeuser Company.

Before: FLETCHER, REINHARDT, and THOMAS, Circuit Judges.

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...

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