FEDERAL ENVIRONMENTAL LEGISLATION AND REGULATIONS AS AFFECTING HIGHWAYS

FEDERAL ENVIRONMENTAL LEGISLATION AFFECTING HIGHWAYS IS REVIEWED ALONG WITH REGULATIONS PROCEEDING FROM IT. AS THE CASE LAW AND ADMINISTRATIVE REGULATIONS RELATING TO THIS SUBJECT ARE AS YET LIMITED, THE PRESENTATION IS SYNOPTIC AND TENTATIVE. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969, AND ITS PREDECESSORS IN THE FIELDS OF POLLUTION CONTROL AND CONSERVATION, ARE REVIEWED, THE NEPA SECTION BY SECTION. FEATURES OF THE ENVIRONMENTAL QUALITY IMPROVEMENT ACT OF 1970 THAT PROVIDED NEPA ADMINISTRATIVE AND REVIEW AUTHORITY ARE DESCRIBED. OTHER TOPICS TREATED ARE THE INTERIM GUIDELINES OF APRIL 1970 (WITH PARTICULAR ATTENTION TO THE QUESTION OF WHEN CONSTRUCTION PROPOSALS MUST INCLUDE AN ENVIRONMENTAL STATEMENT), THE RELATION OF THE NEPA TO OTHER FEDERAL LEGISLATION (PARTICULARLY RECENT HIGHWAY AND TRANSPORTATION LEGISLATION), STANDING TO SUE ON GROUNDS OF INTEREST IN THE ENVIRONMENT. (PRINCIPALLY A REVIEW OF THE CASE "CITIZENS COMMITTEE FOR THE HUDSON VALLEY VS. VOLPE"). IT IS CONCLUDED THAT IN VIEW OF THE DECISION AGAINST THE CORPS OF ENGINEERS IN "CITIZENS COMMITTEE," WHICH WAS UPHELD IN APPEAL, JUDICIAL REVIEW OF ADMINISTRATIVE DETERMINATIONS RESPECTING ENVIRONMENTAL EFFECTS OF HIGHWAYS MAY IN THE FUTURE BE FAR MORE EASILY OBTAINABLE THAN IN THE PAST. THE APPENDIX ATTACHES DEPARTMENT OF TRANSPORTATION ORDER 5610.1 RELATING TO IMPLEMENTATION OF THE NEPA SECTION THAT REQUIRES FILING AN ENVIRONMENTAL STATEMENT ON "MAJOR FEDERAL ACTIONS SIGNIFICANTLY AFFECTING THE QUALITH OF THE HUMAN ENVIRONMENT."

  • Supplemental Notes:
    • Nchrp PROJECT 20-6, 7 REF, 1 APP
  • Publication Date: 1971-1

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Filing Info

  • Accession Number: 00238852
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Apr 18 1971 12:00AM