Appeals Court Strikes Down Lawsuit Opposing NEPA Reforms

What happened: The United States Court of Appeals for the Fourth Circuit, in the case of Wild Virginia v. Council on Environmental Quality (CEQ), dismissed a challenge to 2020 National Environmental Policy Act (NEPA) reforms aimed at reducing unnecessary costs and delays in completing transportation projects.

Why it matters: Originally filed in September 2020, the case was an attempt by anti-growth groups to strike down NEPA reforms put in place by the Trump administration. ARTBA and a coalition of industry allies joined with CEQ to defend the reforms, which were upheld in federal district court in 2021. The decision was appealed. When the Biden administration took office, its CEQ subsequently prevented the 2020 NEPA reforms from taking effect.

What’s next: CEQ indicated it plans to continue rolling back the 2020 NEPA regulations beginning in January. As the only transportation construction association represented in the Court of Appeals decision, ARTBA will continue to advocate for a project delivery process that both maintains necessary environmental protections and meets the two-year goal for completing project reviews in the Infrastructure Investment and Jobs Act.

Meanwhile, the Court of Appeals decision is an important legal victory because it’s now more difficult for the administration to undo remaining elements of the 2020 NEPA reforms. It also preserves the right for ARTBA and other associations to sue over future, potentially harmful, NEPA regulations.

ARTBA’s participation in this litigation was made possible by its Transportation Makes America Work (TMAW) campaign.