ONCLUSION The Court finds the decision to proceed with the 15th Street Cycle Track Removal to be arbitrary and capricious because the record does not reflect that the defendants examined the relevant data and articulated a rational connection between the facts found and the choice made. It further finds that the defendantsâ invocation of the highway modernization categorical exclusion, and their conclusion that the Removal Project would not have a significant impact on public health and safety, to be arbitrary and capricious as well.
Therefore, the decision to proceed with the Removal Project as described in the March 31, 2026 NPS Decision Memorandum and the March 31, 2026 NPS and FHWA Categorial Exclusion documents, as well as in the February 23 NPS and February 27 FHWA Categorical Exclusion documents to the extent they were not rescinded or nullified but only elaborated upon on March 31, is hereby VACATED and REMANDED to the National Park Service and the Federal Highway Administration. This means, as counsel for the defendants acknowledged on the record at the hearing, that the decision is null and void, and the Removal Project may not and will not proceed on April 23, 2026. Given the ruling in plaintiffâs favor on the merits, plaintiffâs request for interim relief is denied as MOOT.
WABA prevails in its lawsuit, barring the National Park Service and FHWA from removing the 15th Street protected bike lanes.