News & Analysis as of

National Environmental Policy Act Department of Transportation (DOT)

District Court’s NEPA Judgment Vacated In Case Rendered Moot

On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause...more

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

Is the Golden State about to Fumble Away a Golden Program?

by Beveridge & Diamond PC on

Streamlining environmental reviews of highway projects and fixing state highway issues faster with reduced costs, have all proven successful under the NEPA Assignment Program (Program) that California entered in 2007. In...more

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

by 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

FAST Act Authorizes $305 Billion in Transportation Spending Over Five Years

by Best Best & Krieger LLP on

The Fixing America’s Surface Transportation Act, signed into law by Pres. Barack Obama, authorizes approximately $305 billion in federal highway and transit spending over the next five years for transportation projects. The...more

Extreme Weather and Climate Change: How DOT’s and MPO’s are Managing the Risks

by Beveridge & Diamond PC on

If you are a company that relies on roads, rail, pipeline, air, or barge to move products, people, or supplies, or a transportation planner charged with the maintenance or smooth running of the transportation system, chances...more

Modernizing the Review Process or Just More Busy Work?

by Best Best & Krieger LLP on

Those who have worked on the permitting and environmental review for a federally funded infrastructure project know the challenges that exist in coordinating with numerous agencies that may have oversight over a project. A...more

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

by WilmerHale on

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

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

by 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

Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program...

by Nossaman LLP on

In This Issue: - AUTHOR'S ACKNOWLEDGMENTS - GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS ..Early Identification and Assessment of Legal Risks ..Methods for Managing Legal Risks ..Legal Risk...more

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

by 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

USDOT Proposes Regulations Allowing States To Assume USDOT Responsibilities For Environmental Review Under NEPA And Other Laws

by Perkins Coie on

On August 30, 2013, the U.S. Department of Transportation (USDOT) proposed regulations for the Surface Transportation Project Delivery Program, a program that allows states to assume federal environmental review authority for...more

Infrastructure Alert - March 26, 2013

by Cozen O'Connor on

This Friday, President Obama will visit the Port of Miami. On July 19, 2012, President Obama put the Port of Miami on his “We Can’t Wait” list of expedited infrastructure projects to instruct the Army Corps of Engineers to...more

Congress Enacts Legislation Streamlining Environmental Review of Major Transportation Projects

by Holland & Knight LLP on

On July 6, 2012, President Obama signed the Moving Ahead for Progress in the 21st Century Act1 (MAP-21), P.L 112-141, passed by Congress on June 29, 2012, which reauthorizes funding for surface transportation projects through...more

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