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 newsletter is designed to inform lawyers and transportation officials of the latest developments in environmental issues in transportation law. The current issue includes updates on proposed revisions to joint FHWA/FTA NEPA rules, a court decision regarding the taking of a church cemetery as part of reconstruction of Chicago’s O’Hare Airport, and litigation involving Tenn DOT’s decision to rebury Native American remains during a highway reconstruction project. The newsletter also highlights a case involving a challenge to New Hampshire DOT’s I-93 highway project and court decisions related to Tenn DOT actions on sign permits. For more information, link to The Natural Lawyer, Vol 14, No. 1. (October 2007)

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A final rule published by EPA amends its procedures for implementing requirements of the National Environmental Policy Act. The rule consolidates and standardizes the procedures and requirements of the agency's environmental review process under NEPA, including procedures for categorical exclusions, extraordinary circumstances, listing of actions that generally require an environmental impact statement, and consideration of applicable environmental review laws and executive orders. The rule also includes technical amendments to the procedures for implementing Executive Order 12114, ``Environmental Effects Abroad of Major Federal Actions.'' The rule is effective Oct. 19, 2007. For more information, link to the NEPA Implementing Procedures Final Rule. (9-19-07)

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Guidance issued by the Federal Highway Administration affirms that early acquisitions of real property by transportation agencies without simultaneous Federal-aid participation and prior to completion of environmental review under the National Environmental Policy Act still are subject to requirements of NEPA and the Uniform Relocation Assistance and Real Property Acquisition Policies Act. The guidance, issued in a memorandum to FHWA division administrators, states that "when a State DOT proceeds with early acquisition using its own money and with no intention of seeking Federal-aid credit or reimbursement, the FHWA nonetheless must make certain that the State DOT’s acquisition actions do not affect the environmental analysis or review of the project, or bias the FHWA’s decisions on the project." For more information, link to the Guidance on Early Acquisitions and Compliance with NEPA and Uniform Act. (8-24-07)

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AASHTO's Center for Environmental Excellence has released a new practitioner's handbook that provides recommendations for defining the purpose and need and determining the range of alternatives in environmental impact statements and environmental assessments for transportation projects, in accordance with the National Environmental Policy Act. Issues covered include understanding the legislative and planning context; determining the needs; defining the project purpose; screening alternatives; and involving agencies and the public. For further information, link to Defining the Purpose and Need and Determining the Range of Alternatives for Transportation Projects. (August 2007)

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The Federal Highway Administration has published a final rule that amends its regulations for design-build contracting to implement provisions of Section 1503 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The rule broadens the types of preliminary design activities that state and local contracting agencies may undertake prior to completion of the NEPA review process to include issuing request-for-proposal documents, awarding design-build contracts, and issuing notices-to-proceed for preliminary design work. For more information, link to the Design-Build Contracting Final Rule. (8-14-07)

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A proposed rule published by the Federal Transit Administration and the Federal Highway Administration would revise the joint FTA/FHWA procedures for implementing the National Environmental Policy Act (NEPA). The proposal would set forth additional requirements for environmental review and project decisionmaking for highway and public transit projects, pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The proposal also would add new categorical exclusions from the NEPA process and make minor clarifying changes. Comments are due Oct. 9, 2007. For more information, link to the Environmental Impact and Related Procedures Proposed Rule. (8-7-07)

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The Federal Highway Administration published a case study of the Southeast Michigan Council of Governments’ (SEMCOG) integration of environmental issues in the transportation planning process. The case study provides information on the council’s process for incorporating environmental analysis in their 2030 Regional Transportation Plan for Southeast Michigan. For more information, link to SEMCOG Integrates Environmental Issues in the Transportation Planning Process. (July 2007)

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The latest issue of the Transportation Research Board Environmental Process Committee's newsletter was issued in May 2007. The issue includes announcements and subcommittee reports as well as features on Center for Environmental Excellence by AASHTO; SAFETEA-LU implementation; the TERI research database; NCHRP project 25-25; Mid-Atlantic Green Highways Partnership; NCHRP project 25-23; public-private partnerships; and funding for environmental and planning research. For more information, link to the TRB ADC10 May 2007 newsletter. (May 2007)

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The Federal Highway Administration is requesting applications from state departments of transportation for participation in the Surface Transportation Project Delivery Pilot Program established under Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The pilot program provides for up to five states to assume responsibility from the agency for environmental review, consultation, and other actions in connection with the review or approval of highway projects. The states of Alaska, California, Ohio, Oklahoma, and Texas were initially given priority for participation in the pilot program; of those states, Ohio and Texas have declined to participate. The agency currently requests applications from all other states for participation in the pilot program. The deadline for letters of interest is Sept. 7, 2007. For more information, link to the Federal Register notice. (7-9-07)

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The Council on Environmental Quality on posted comments received on the draft "A Citizen's Guide to the National Environmental Policy Act - Having Your Voice Heard." To access the comments on the document, link to Public Comments Received by CEQ. (4-19-07)

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The Council on Environmental Quality posted to its website a guide to help federal agencies in aligning environmental management systems (EMS) with requirements of the National Environmental Policy Act. The guide, which builds on existing research conducted by CEQ, provides information and recommendations on integrating the complementary elements of the NEPA and EMS processes. For more information, link to Aligning Environmental Policy Act Processes with Environmental Management Systems: A Guide for NEPA and EMS Practitioners. (4-26-07)

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The Council on Environmental Quality is seeking comments on a draft handbook on collaboration under the National Environmental Policy Act. The document “focuses on collaboration in the context of NEPA where an agency engages other governmental entities and/or a balanced set of affected and interested parties in seeking agreements at one or more stages of the NEPA process by cultivating shared vision, trust, and communication.”  Comments are due May 4, 2007. For more information, link to Collaboration in NEPA: A Handbook for NEPA Practitioners or the NEPA Task Force Implementation Web site.

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A new Web page containing updated information on compliance with environmental review provisions and related sections of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act, A Legacy for Users (SAFETEA-LU) was posted by the Federal Highway Administration on March 1, 2007. The site provides an environmental review process checklist as well as examples of implementation including: project initiation letters, participating and/or cooperating agency letters, coordination plans, public involvement plans, and statute of limitations notices. For more information, link to Environmental Review Toolkit Web Page.

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The Council on Environmental Quality is seeking comments on a draft Citizen's Guide to NEPA.  The document provides an overview of the law and information on how the public can participate in the NEPA process. For more information, link to the Feb. 21 Federal Register Notice or link to the Draft Citizen's Guide to NEPA.

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Final rules on statewide and metropolitan planning were issued by the Federal Transit Administration and the Federal Highway Administration on Feb. 14.  The rules update regulations based on changes enacted in federal surface transportation laws. They include provisions on linking planning and NEPA as well as consideration of natural resource information early in the planning process. The rule includes as an appendix an updated guidance document on linking planning and NEPA. For more information, link to the  final rule on statewide and metropolitan transportation planning.

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The Federal Highway Administration issued regulations on Feb. 12 outlining the ground rules for a new pilot program to delegate environmental review authority for highway projects to five states. The designated states are Alaska, California, Ohio, Oklahoma, and Texas. SAFETEA-LU required that each of the pilot states submit an application to FHWA, and once the application is approved, a memorandum of understanding or other agreement would be entered into by the state and FHWA.  The pilot delegation of authority may apply to FHWA's authorities under NEPA and any other environmental law related to highway project reviews, including federal responsibilities for environmental review, consultation, or other actions. For more information, access Surface Transportation Project Delivery Pilot Program final rule.

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