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

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:  (1) Environmental Law in Transportation Planning; (2) Project Environmental Analysis; (3) Other Environmental Laws; (4) Acquisition of Sites; (5) Construction and Operation of Sites; and (6) Litigation. Notable initiatives include the following: (1) 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. (2) 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. (3) Sustainability (can be discussed in chapters 1, 2, and 5). (4) 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. (5) 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.


  • English


  • Status: Proposed
  • 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: 20231113
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

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