ARTBA, Utah DOT Meet with White House on Controversial NEPA Rule

What happened: ARTBA staff, along with Naomi Kisen, Environmental Program Manager at Utah’s Department of Transportation (UDOT), met Feb. 27 with the White House Office of Information and Regulatory Affairs (OIRA) to discuss the White House Council on Environmental Quality (CEQ)’s draft final rule implementing phase two of the National Environmental Policy Act (NEPA).

Why it matters: NEPA reviews are part of the transportation construction permitting process. They typically take five years, though some ARTBA members report delays up to 14 years. Utah is a NEPA delegation state meaning that the state conducts its own reviews in compliance with NEPA regulations. Ms. Kisen and ARTBA Vice President & Counsel for Regulatory Affairs Prianka Sharma emphasized that CEQ’s rule would undermine the Fiscal Responsibility Act’s goal of expediting these reviews. They added that the rule introduces undefined climate and environmental justice factors, mandates mitigation measures, and causes project delays and uncertainty. ARTBA’s Sept. 2023 comments to CEQ outline these concerns.

What’s next: OMB will review the rule and provide feedback to CEQ. Once OMB has approved, the rule will be finalized and published in the Federal Register. No timeline has been provided for rule finalization. Contact ARTBA’s Prianka Sharma.