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 | | Because a DCE may not be used for a highway interchange construction project, and Stage 2 was insufficiently defined, the existing DCE could not be used to satisfy FHWA's NEPA obligations. |
 | | West filed a complaint in district court seeking, in part, a declaration that the interchange is not categorically excluded from NEPA and an injunction requiring work to cease on the project until the agencies prepared an Environmental Impact Statement. |
 | | It is axiomatic that a new, fully- directional interchange cannot simultaneously relieve traffic congestion and yet have no significant impact on travel patterns.10 The interchange construction project, therefore, fails the first prong of the test for a DCE -- satisfying the general CE criteria -- and is inconsistent with the terms used in the regulation. |
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