What happened: The U.S. Department of Transportation (DOT) June 30 announced a regulation aimed at streamlining implementation of the National Environmental Policy Act (NEPA). Key changes include:

  • Reducing unnecessary documentation, redundancy and complexity of reviews;
  • Reinforcing that NEPA only kicks in when agencies control a project’s environmental footprint; and
  • Allowing low-impact projects to use other agencies’ approvals, when possible, to avoid repeating the same environmental reviews.

Why it matters: Completion of the federal environmental review process under NEPA can take on average seven years for new transportation projects, which can delay needed transportation improvements and increase construction costs. ARTBA has been involved in litigation defending the earlier Trump administration’s NEPA streamlining efforts, and was recently handed a victory in the U.S. Supreme Court’s Seven County Infrastructure case.

What’s next: While the rule takes effect immediately, the agency has initiated a 30-day public comment period, and may make additional changes based on feedback. ARTBA is preparing a fact sheet for members and will provide additional details about these proposed changes in the weeks ahead. Prianka Sharma is the contact.

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