News & Analysis as of

National Environmental Policy Act Roads

Davis Wright Tremaine LLP

Interstate 5 Bridge Replacement Project Becoming a Reality

The project to replace the Interstate 5 bridge between Portland, Oregon, and Vancouver, Washington, is becoming more reality than dream. For those who have traveled that stretch of I-5, or moved goods from the Ports or...more

Downey Brand LLP

$1.2 Trillion Infrastructure Legislation Provides Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects

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On November 15, 2021, President Biden signed the landmark $1.2 trillion infrastructure legislation package, more commonly referred to as the Infrastructure Investment and Jobs Act (IIJA or Act). The 2,700+-page Act has been...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

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

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals, Ninth Circuit (“Ninth Circuit”), in a February 22nd appeal from the United States District Court for the District of Idaho (“District Court”) addressed an issue arising out of United States...more

Perkins Coie

Logging Plan Not Categorically Excluded From Environmental Review Under NEPA

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The Ninth Circuit Court of Appeals held that a U.S. Forest Service plan for commercial logging of some 4,700 acres of fire-damaged Mendocino National Forest could not reasonably be interpreted as falling within a NEPA...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

Nossaman LLP

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

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On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Nossaman LLP

Nossaman Partner Provides Expertise to NCHRP's Second Volume Addressing Management of NEPA-Related Risks in Project Delivery

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The Transportation Research Board of the National Academies (“TRB”) has released its second volume of guidance addressing risks in project delivery, including risks associated with the National Environmental Policy Act...more

Perkins Coie

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

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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

Nossaman LLP

City of Agoura Hills Moving Forward with Palo Comado Interchange Project

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The City of Agoura Hills is moving forward with its plans for the U.S. 101/Palo Comado Canyon Road Interchange at Chesebro Road....more

Nossaman LLP

Ninth Circuit Upholds Idaho Roadless Rule, Finding U.S. Fish And Wildlife's Reliance On U.S. Forest Service Commitments Reasonable

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In Jayne v. Sherman, --- F.3d ---, 2013 U.S. App. Lexis 417, *1 (9th Cir. Jan. 7, 2013), the United States Court of Appeals for the Ninth Circuit upheld a biological opinion issued by the U.S. Fish and Wildlife Service (FWS)...more

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