News & Analysis as of

Environmental Impact Report (EIR) Department of Transportation (DOT)

Mintz

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

Mitchell, Williams, Selig, Gates & Woodyard,...

I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act Procedures: U.S. Department of Transportation Announces Two Interim Policies

The United States Department of Transportation (“DOT”) published an August 23rd Federal Register Notice announcing the availability of two interim policies for public comment. See 84 Fed. Reg. 44351. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hot Springs Bypass Project (Arkansas): U.S. Army Corps of Engineers (Little Rock District) Public Notices Arkansas Department of...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more

Perkins Coie

Ten Things to Know About USDOT's New NEPA and Section 4(f) Regulations for Highway, Transit and Rail Projects

Perkins Coie on

New regulations took effect last month governing the federal environmental review process for highway, public transit and some railroad projects. This update highlights 10 important changes in the new regulations, as well as...more

Pillsbury - Gravel2Gavel Construction & Real...

141-Page Environmental Report was Legally Sufficient for Small Scale Project

On June 5, the U.S. Court of Appeals for the Seventh Circuit decided the case of Highway J Citizens Group, et al., v. U. S. Department of Transportation. The Seventh Circuit affirmed the District Court’s oral ruling that the...more

Perkins Coie

D.C. Circuit Upholds FTA Approval of Purple Line Light Rail Project

Perkins Coie on

Reversing a district court decision that had delayed work on the $2.4 billion Purple Line light rail transit project in Maryland, the U.S. Court of Appeals for the District of Columbia Circuit has held that the Federal...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Nossaman LLP

Court Rejects NEPA, Section 4(f) Challenges to Arizona South Mountain Freeway Project

Nossaman LLP on

In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more

Beveridge & Diamond PC

The Demise of the Illiana Expressway: Another Court Rejects Development Modeling Projections

Beveridge & Diamond PC on

While it may go down as a classic case of “bad facts making bad law,” last week’s ruling rejecting the government’s NEPA analysis for the controversial Illiana Expressway is the just the latest in a disturbing trend for large...more

Foley Hoag LLP - Environmental Law

Environmental Impact Assessments Don’t Have to Be Wise, But They May Not Assume Their Conclusion

In an important decision last week, United States District Judge Jorge Alonso rejected the Environmental Impact Statement for the Illiana Corridor Project, which would connect I55 in Illinois to I65 in Indiana. (And why...more

Allen Matkins

Draft CEQA Guidelines Would Dramatically Alter Analysis of Transportation Impacts Under SB 743

Allen Matkins on

On August 6, 2014, the California Office of Planning and Research issued a new draft guideline that could fundamentally alter the way in which transportation impacts are analyzed for purposes of review under the California...more

Latham & Watkins LLP

Ninth Circuit Upholds NEPA and NHPA Analysis for Hawaii High-Speed Rail System

Latham & Watkins LLP on

On February 18, 2014, the Ninth Circuit Court of Appeals rejected challenges under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Department of Transportation Act to the...more

Miller Starr Regalia

CEQA Requires CalTrans’ EIR to Separately Analyze Significance of Highway Project’s Impacts on Protected Old Growth Redwoods’ Root...

Miller Starr Regalia on

In a partially-published opinion filed January 30, 2014, the First District Court of Appeal, Division 3, reversed the trial court’s judgment denying a writ petition, and held that Caltrans must correct certain deficiencies in...more

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