Perkins Coie Update: USDOT Proposes Regulations Allowing States to Assume USDOT Responsibilities For Environmental Review under NEPA and Other Laws

Public Policy

Perkins Coie Update

Update

Environment, Energy & Resources

September 13, 2013

USDOT Proposes Regulations Allowing States to Assume USDOT Responsibilities For Environmental Review under NEPA and Other Laws

Highlights


		On August 30, 2013, the U.S. Department of Transportation (USDOT) proposed regulations that would allow all states to assume USDOT’s environmental review responsibilities for surface transportation projects.

		In 2005, Congress created a pilot program under which five states were allowed to assume the environmental review responsibilities of the Federal Highway Administration (FHWA) for highway projects, including preparation of environmental studies under the National Environmental Policy Act. One state—California—assumed FHWA’s responsibilities under the pilot program.

		In 2012, Congress made the program permanent and opened it to all states. It also expanded the scope of the program, allowing states to assume USDOT’s responsibility not only for highway projects, but also for public transit, rail and multimodal projects.

		USDOT’s proposed regulations implement the legislative changes made in 2012. The regulations describe the types of projects that can (and cannot) be assigned to a state; the scope of authority that a state may assume; and the conditions that must be met for a state to participate in the program.

		Comments on the proposed regulations are due on October 29, 2013.

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