The U.S. Department of Energy has posted the latest issue of its quarterly report on lessons learned in the NEPA process to the Office of NEPA Policy and Compliance website. The second quarter 2008 report includes summaries of discussions held at the 2008 Conference of the National Association of Environmental Professionals, Changing Climates, held in March 2008. The discussions address issues including underappreciated provisions of the Council on Environmental Quality NEPA regulations; innovative NEPA procedures described in the CEQ Annual NEPA Updates session; analyzing climate change under NEPA; mistakes and gaps in the CEQ regulations, and others. The report also features lessons from recent NEPA activities, information from federal NEPA contact meetings, and training opportunities. For more information link to Lessons Learned Quarterly Report, Issue No. 55. A cumulative index of past reports since 1994 is also available. (6-6-08)

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The Federal Highway Administration has issued for public comment the first audit of the California Department of Transportation’s (Caltrans) assumption of federal authority for environmental reviews for transportation projects under the pilot program established by Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).  The audit report, to be published in the June 2 Federal Register, finds that Caltrans has made “reasonable progress in implementing the start-up phase of Pilot Program operations and Caltrans is learning how to operate this new Pilot Program effectively.”  The audit – which covers the first six months of the program – reviews the pilot program’s compliance with criteria established in the FHWA/Caltrans memorandum of understanding. For more information, link to the Federal Register notice. (6-2-08)

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The Federal Transit Administration is accepting applications for an annual award program to recognize examples of effective and efficient environmental document preparation. The agency requests submission of environmental impact statements or environmental assessments from FTA-funded project sponsors and consultants. The projects must have been prepared consistent with current NEPA requirements and must further paperwork reduction objectives. Awards will be made in three population categories and will be announced at the American Public Transportation Association’s Annual Meeting in October 2008. Submissions are due June 1, 2008. For more information, link to the Outstanding Achievement Award for Excellence in Environmental Document Preparation. (5-9-08)

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The Transportation Research Board’s Committee on Environmental Issues in Transportation Law (AL050) has published the latest issue of its newsletter, The Natural Lawyer. The publication is designed to inform lawyers and transportation officials of the latest developments in environmental issues in transportation law. The April 2008 issue highlights a U.S. District Court’s decision that a Tier 1 Record of Decision for a Cincinnati area multimodal transportation project did not violate NEPA and Section 4(f) of the Transportation Act. The issue also cites climate change as a key issue in the next reauthorization of SAFETEA-LU and includes an article on the final Section 4(f) regulations issued by FHWA/FTA. For more information, link to The Natural Lawyer, Vol 15, No. 3. (April 2008)

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The Utah Department of Transportation would assume federal authority for determining whether projects may be categorically excluded from environmental reviews under the National Environmental Policy Act, under a proposed memorandum of understanding published in the April 10 Federal Register. State assumption of authority for CEs was established under Section 6004 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (P.L. 109-059).  It is one of several SAFETEA-LU provisions intended to streamline the review process for projects under NEPA. The proposed MOU may be accessed on the Web at http://www.udot.utah.gov/go/environmental. The Federal Register notice may be accessed at http://edocket.access.gpo.gov/2008/pdf/E8-7572.pdf. (4/10/08)

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A memorandum from Federal Highway Administration headquarters to its division offices clarifies when a final NEPA approval can be made "in relation to specific transportation planning and air quality conformity regulations, with a particular emphasis on fiscal constraint." It addresses requirements related to the metropolitan transportation plan, the statewide long range transportation plan, the statewide transportation improvement program, and transportation conformity. The memo also includes a separate document with project examples regarding fiscal constraint and NEPA approvals. For more information, link to the FHWA e-mail memo, Transportation Planning Requirements and Their Relationship to NEPA, and Project Examples Regarding Fiscal Constraint and NEPA Approvals. (January 2008)

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The U.S. Department of Energy has posted the latest issue of its Lessons Learned Quarterly Report on the Office of NEPA Policy and Compliance website. The first quarter 2008 report includes highlights of the 2007 Cooperating Agency Report to the Council on Environmental Quality (CEQ), the new CEQ Citizen’s Guide to the NEPA process, and a December 2007 workshop hosted by CEQ on collaboration in NEPA. The report also features updates on litigation, training opportunities, and results of the first quarter 2008 questionnaire. For more information link to Lessons Learned Quarterly Report, Issue No. 54. A cumulative index of past reports since 1994 is also available. (3-4-08)

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The Council on Environmental Quality has published a new Citizen’s Guide to the National Environmental Policy Act. The guide provides an explanation of NEPA; how it is implemented; and how citizens, organizations, and representatives of state, local, or tribal government can better participate in NEPA activities conducted by federal agencies. For more information, link to A Citizen's Guide to the NEPA - Having Your Voice Heard. (December 2007)

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The U.S. Department of Energy has posted the latest issue of its Lessons Learned Quarterly Report on the Office of NEPA Policy and Compliance website. The fourth quarter 2007 report includes an article describing the evolving consideration of greenhouse gas emissions and global climate change in DOE NEPA documents over the past 20 years. The issue also highlights the Council on Environmental Quality’s new NEPA collaboration handbook, changes to EPA’s NEPA procedures, features on key environmental impact statements being prepared by the agency, updates on litigation, and other issues. For more information link to Lessons Learned Quarterly Report, Issue No. 53. A cumulative index of past reports since 1994 is also available. (12-3-07)

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The Council on Environmental Quality has published a handbook on collaboration under the National Environmental Policy Act. The handbook discusses how federal agencies can benefit by working collaboratively with others in the NEPA process. The handbook also describes general collaborative principles, useful steps, and information on methods of collaboration. For more information, link to Collaboration in NEPA: A Handbook for NEPA Practitioners or the NEPA Task Force Implementation Web site. (October 2007)

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Guidance on state assumption of responsibility for Categorical Exclusions for transportation projects under NEPA was released by the Federal Highway Administration on April 4. The delegation was authorized under Section 6004 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The guidance documents include a Transmittal Memo, Template Memorandum of Understanding, Memorandum of Understanding Guidance, FHWA Questions and Answers on the Implementation of SAFETEA-LU Section 6004, and
Memorandum of Understanding Federal Register Notice Template.

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A report issued in January 2006 under the National Cooperative Highway Research Program (NCHRP) provides advice to transportation agencies on linking transportation planning and National Environmental Policy Act (NEPA) processes. According to an introduction, the objective of the project was to provide guidance to state DOTs on how information currently produced in the systems planning process can be made more useful for addressing and resolving NEPA-level issues. The report is presented as a “toolbox” that offers a range of strategies for integrating planning and project development, increasing interagency collaboration, and promoting early consideration of social, economic and environmental concerns. The strategies are drawn from research, case studies, pilot projects, and experiences of states and metropolitan areas throughout the United States. Many of the strategies were identified as part of a series of Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) seminars and workshops on linking planning and NEPA carried out in 18 states during 2004 and 2005. For information on the research findings, link to: Guidance for Better Linking Systems Planning and the NEPA Process (NCHRP Project 8-36, Task 48).

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