Legal Alert: 10-4-17 U.S. DOT Proposes Rules to Eliminate Duplication of Environmental Reviews Rochester Chapter

LEGAL ALERT FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC: U.S. DOT Proposes Rules to Eliminate Duplication of Environmental Reviews

On September 28 and 29, 2017, the U.S. Department of Transportation ("DOT") published Notices of Proposed Rulemaking to commence a public comment period on proposed regulations governing DOT's Program for Eliminating Duplication of Environmental Reviews, established by Section 1309 of the Fixing America's Surface Transportation Act ("FAST Act").  Section 1309 directed the U.S. Secretary of Transportation to establish a pilot program authorizing up to five states to conduct environmental reviews and provide approvals for projects utilizing state environmental laws and regulations, rather than subjecting such projects to the review process of the National Environmental Policy Act ("NEPA"). 

The FAST Act, signed into law by President Obama on December 4, 2015, was the first federal law in over a decade to provide long-term funding certainty for surface transportation infrastructure planning and investment.  It authorized $305 billion over fiscal years 2016 through 2020 for various critical transportation projects.  Continue Reading ...