News & Analysis as of

National Environmental Policy Act Department of Transportation (DOT) Federal Highway Administration

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

National Environmental Policy Act/Sovereign Immunity: Federal Court Addresses Action Challenging Federal Highway Administration...

Co-Author Tye Boudra-Bland The United States District Court, D. Utah, Central Division (“Court”) addressed in a May 14th Opinion on an issue regarding the doctrine of sovereign immunity in three consolidated cases involving...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,...

Judicial Challenge to Expressway Expansion: North Carolina Department of Transportation and Clean Air Carolina/Center for...

The Center for Biological Diversity and Clean Air Carolina (represented by the Southern Environmental Law Center) (collectively “CBD”) entered into an August 21st Settlement Agreement (“Agreement”) addressing CBD’s challenge...more

Pillsbury - Gravel2Gavel Construction & Real...

Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

On October 29, the U.S. Department of Transportation (DOT) published a final rule in the Federal Register which amends and revises the environmental National Environmental Policy Act (NEPA) procedures rules employed by the...more

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

I-630 Widening/National Environmental Policy Act: U.S. District Court Order Denying Motion for Temporary Restraining Order

As noted in the previous post (see post here), five individuals filed a lawsuit in the United States District Court for the Eastern District of Arkansas on July 18th addressing what they describe as construction involving the...more

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

I-630 Widening/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Complaint Filed Addressing...

Five individuals filed a lawsuit in the United States District Court for the Eastern District of Arkansas on July 18th addressing what they describe as construction involving the widening of Interstate Highway 630 (“I-630...more

Nossaman LLP

Ninth Circuit Rejects Challenges to Arizona Highway Project

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On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Beveridge & Diamond PC

USDOT Agencies Propose New Rule to Eliminate Duplication of Environmental Reviews for Transportation Projects

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The Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA), (U.S. DOT) have published a Notice of Proposed Rulemaking (NPRM) on DOT’s Program for Eliminating...more

Beveridge & Diamond PC

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

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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

Beveridge & Diamond PC

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

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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

Nossaman LLP

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

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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

Perkins Coie

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

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

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