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

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.

• Record URL:
  • http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=5561

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

• Performing Organizations:

  Texas A&M Transportation Institute

  Texas A&M University System
  3135 TAMU
  College Station, TX  United States  77843-3135
• Principal Investigators:

  Stoeltje, Gretchen

• 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