Legal Problems Arising out of Highway Programs. Topic 27-03. Environmental and Planning Law and Transportation

The National Cooperative Highway Research Program (NCHRP) plans to award a contract for a study and report. Legal reports sponsored by this project are published in NCHRP’s Legal Research Digest (LRD) series. Publications are available to some libraries and approximately 4,000 transportation lawyers and officials through the TRB distribution network. Published jointly by NCHRP and TCRP, TRB's Selected Studies in Transportation Law (SSTL) is designed to help state highway departments and public transportation agencies keep abreast of operating practices and legal elements of specific problems in highway and transit law. The SSTL WebResource provides access to the original eight volumes of the series (Construction Contract Law, Eminent Domain, Environmental Law and Transportation, Tort Liability of Highway Agencies, Transit Law, Transit Labor 13(c) Decisions, Transit Charter Bus Service: Decisions and Documents, and Transportation Law and Government Relations) as well as six recent updates of selected material. Because the main text of SSTL Volume 3: Environmental Law and Transportation was published in 2003 and a supplement was published in 2010, the entire volume should be rewritten and published in a unified format. The title should be changed to "Environmental and Planning Law and Transportation." A revised volume can incorporate updated statutory authority, new policy initiatives, regulatory changes, and court decisions. New statutory authority comes from the three reauthorizations [Bipartisan Infrastructure Law, Fixing America's Surface Transportation (FAST) Act, and Moving Ahead in Progress in the 21st Century (MAP-21) Act] that have been passed since 2010. Policy initiatives include focused investment in disadvantaged areas and the Planning and Environmental Linkages process. Regulatory changes include amendments to the regulations governing the National Environmental Policy Act (NEPA), Section 4(f) of the U.S. Department of Transportation Act and Section 106 of the National Historic Preservation Act of 1966 (NHPA), and a rewrite of 23 CFR Part  771 Environmental Impact and Related Procedures. All surface transportation modes (highway, transit, freight and passenger rail, and ports) should be discussed. This research should include the statutes, rules, and guidance that govern Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Railroad Administration (FRA), Surface Transportation Board (STB), and the Maritime Administration. The STB can become important for state DOTs when it approves the purchase of one railroad by another. The resulting shifts in rail traffic often cause delays and the need to construct grade separations. Increased activity at ports can influence the need for highway improvements. Many state DOTs also fund transit projects and passenger rail developments. This digest will help all involved in the development, construction, and planning of transportation projects, including attorneys, planners, state transportation agencies, metropolitan regional planning organizations, federal personnel, consultants, and contractors. The objective of this research is to produce a report that updates SSTL Volume 3: Environmental Law and Transportation. The existing outline may be used:  Environmental Law in Transportation Planning; Project Environmental Analysis; Other Environmental Laws; Acquisition of Sites; Construction and Operation of Sites; and Litigation. Notable initiatives include the following: Climate change (this can be addressed in chapters 1, 2, 3, 5, and 6).  Climate change also affects project development by the need to calculate changes in greenhouse gas emissions and the cumulative effects of multiple projects on greenhouse gases. Climate change initiatives are occurring in many of the long-range plans adopted by metropolitan planning organizations around the country. Environmental justice and transportation equity (can be addressed in chapters 1, 2, and 5). Environmental justice concerns arise because of the location of port and intermodal facilities and often have related litigation issues. Sustainability (can be discussed in chapters 1, 2, and 5). Tribal considerations (should appear in chapters 1 and 3). Many state DOTs build projects on Indian lands. The federal lands program should be included in Chapter 1 since state DOTs often make these projects. Intermodal facilities (should be discussed in chapters 1 and 5. These facilities can often cause highway improvements to be constructed. This project shall examine the various statutory and regulatory authorities passed since 2010, including the three major reauthorizations (Bipartisan Infrastructure Law, FAST Act, and MAP-21). Legal research is needed to update and summarize the new applicable federal policy initiatives, and statutory and regulatory changes passed since 2010. Further, litigation has continued, requirements have changed, and the new emphasis on climate change and equity has altered the landscape.

• Record URL:
  http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=5561
• Supplemental Notes:
  • Contract to a Performing Organization has not yet been awarded.

Language

• English

Project

• Status: Active
• Funding: $200000
• Contract Numbers:

  Project 20-06, Topic 27-03

• Sponsor Organizations:

  National Cooperative Highway Research Program

  Transportation Research Board
  500 Fifth Street, NW
  Washington, DC  United States  20001

  American Association of State Highway and Transportation Officials (AASHTO)

  444 North Capitol Street, NW
  Washington, DC  United States  20001

  Federal Highway Administration

  1200 New Jersey Avenue, SE
  Washington, DC  United States  20590
• Project Managers:

  Chisholm-Smith, Gwen

• Start Date: 20240501
• Expected Completion Date: 20250501
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Climate change; Environmental policy; Intermodal facilities; Legal factors; Transportation equity; Transportation planning; Tribal government
• Subject Areas: Environment; Freight Transportation; Highways; Law; Marine Transportation; Public Transportation; Railroads;

Filing Info

• Accession Number: 01887174
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project 20-06, Topic 27-03
• Files: TRB, RIP
• Created Date: Jul 10 2023 9:26PM