In Spring of 2020, PennDOT applied to the Federal Highway Association to downgrade their massive, controversial plan (for two, two-lane roundabouts, an underpass and “highway-style” ramps and signage on Erie’s Bayfront) from the appropriate review (an EA - ENVIRONMENTAL ASSESSMENT) to a CE, CATEGORICAL EXCLUSION. The CE skips studies of cumulative impacts on the people, the air, the water, and doesn’t require a Public Hearing. To get this CE, PennDOT claimed: 1) their project would not harm people or the environment - and - 2) that the community didn’t oppose their plan.
On October 21, Councilman Dave Brennan reported that PennDOT stated it was impossible to conduct an EA after a CE had been granted and completed. This is the third “post-truth” statement by PennDOT. Adam Trott emailed City Council on Oct. 21, with a website link showing a case Arthur S. West vs. Secretary of the Department of Transportation, FHWA etc… where the CE was reversed due to the process being flawed. Trott featured the section title “III Conclusion”
III. CONCLUSION
We reverse the district court's decision approving the FHWA's use of a DCE for the South DuPont interchange construction project. While we decline to order the interchange torn down, we direct the district court to order the requisite environmental review for Stage 1. We vacate the district court decision as it relates to Stage 2.
Trott noted - “the CE was rescinded despite the interchange having been actually built -= see, the process is set up so its never too late to do the right thing” Trott explained, “ This is why Liz (Councilperson Liz Allen) asked for documented proof, and why such corroborating documentation was not provided, instead only “told” to you. Trott concluded, his message by thanking Council and commenting, “Please understand why it is important to base such important votes on facts and not anecdotal evidence.”