AASHTO Journal - AASHTO Comments on Proposed NEPA Rules Delegation

The American Association of State Highway and Transportation Officials recently provided feedback to the Council on Environmental Quality or CEQ on its interim final rule regarding the removal of National Environmental Policy Act or NEPA implementing regulations.

[Above image via CEQ]

In a March 25 letter to CEQ, AASHTO said that while it supports Congress and the Trump administration’s intent to implement actions that result in “more efficient, cost-effective, and timely project delivery,” the organization and the state departments of transportation it represents are “concerned that, without a regulatory foundation for implementation, the review and implementation of NEPA at the individual federal agency level could introduce uncertainties and open the door to unnecessary litigation.”

AASHTO also noted the state DOT community has successfully partnered with both CEQ and the U.S. Department of Transportation in the past to improve the NEPA environmental review process; collaborating on legislative and regulatory revisions that represent “meaningful attempts” to improve the NEPA process for highway, transit, and rail projects.

“AASHTO is sensitive to the ongoing and overlapping initiatives aimed at the much-needed improvement and reform of NEPA implementation,” the organization stressed. “As Congress, federal agencies, and non-governmental organizations work to improve the NEPA process, we ask the CEQ to mitigate any developments that may lead to conflicting or redundant policies and excessive workload.”

To that end, AASHTO offered three recommendations to CEQ in its letter:

Revise or amend its February 19 memorandum to provide detailed guidance to implementing agencies. Guidance should include recommendations for effective communication with all stakeholders, a commitment from agencies to adhere to current regulations and procedures for NEPA compliance, and publication of the proposed schedule for revisions to NEPA procedures.
Immediately convene the NEPA Implementation Work Group and include legislative liaisons from committees from the U.S. House of Representatives and Senate to ensure that all parties working on NEPA reform “have a seat at the table” and help to deconflict any regulatory and legislative reforms.
Expand the NEPA Implementation Work Group to include members beyond federal agencies. “While federal NEPA representatives have extensive experience, NEPA practitioners and policy makers outside of the federal government also possess a wealth of experience and institutional knowledge,” AASHTO said. “Facilitating NEPA reform with those entities who are directly responsible for projects will lead to the optimal outcome intended.”