Federal Transportation Agencies Issue Interim NEPA Guidance

On January 14, 2013, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) issued joint guidance for implementing Section 1319 of the new Transportation Bill to streamline the final steps in the National Environmental Policy Act (NEPA) process regarding producing a Final Environmental Impact Statement (FEIS) and issuing the Record of Decision (ROD). Streamlining of the NEPA process for road and rail projects was an essential component of the October 1, 2012 transportation bill, Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. No. 112-141) (to be codified at 42 U.S.C. § 4332(a)).

This new statute amends NEPA, and therefore the law will apply to all federal agencies and any federal action subject to NEPA. The recently issued transportation guidance will be of special interest to transportation agencies and private clients relying upon new or upgraded roads and transit. This new guidance encourages abbreviated FEIS documents, using simple errata sheets and the draft EIS, rather than producing another lengthy document. The guidance also provides criteria for merging the FEIS and the ROD into a single document. Each of these provisions is described within.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Environmental Impact Report, Highways, NEPA, Transit Authority

Published In: Environmental Updates, Transportation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Venable LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »