The Stream by AASHTO: Delving into NEPA

The latest episode of the “The Stream by AASHTO” podcast – formerly the Environmental Technical Assistance Program or ETAP podcast – discusses the role of the National Environmental Policy Act or NEPA in promoting sustainable development within the transportation sector.

[Above image by AASHTO]

“The Stream by AASHTO” podcast is part of a technical service program for state departments of transportation provided by the American Association of State Highway and Transportation Officials. It explores a wide array of environmental topics that affect transportation and infrastructure programs.

For this episode, Ted Boling – a partner at Perkins Coie with over 30 years of public service – delves into how NEPA mandates federal agencies to evaluate the environmental impacts of their actions; mandates that crucially influence transportation projects such as road construction and bridge expansions.

To listen to the full episode, click here.

That insight will be all the more critical as the White House Council on Environmental Quality or CEQ recently finalized NEPA reforms that implement permitting efficiencies laid out in the Fiscal Responsibility Act of 2023, including setting clear deadlines for agencies to complete environmental reviews, requiring a lead agency and setting specific expectations for lead and cooperating agencies, and creating a unified and coordinated federal review process.

The CEQ said the rule provides agencies with other new and faster tools to improve the efficiency and effectiveness of environmental reviews. For example, it creates new ways for federal agencies to establish categorical exclusions – the fastest form of environmental review.

The agency noted the new NEPA reforms will apply to projects beginning environmental reviews on or after July 1 this year, but will not disrupt ongoing environmental review processes.

Additionally, the CEO said those new NEPA reforms are intended to help accelerate reviews for projects that agencies can evaluate on a broad, programmatic scale, or that incorporate measures to mitigate adverse effects – helping the transportation industry and other sectors speed up environmental reviews and providing more certainty when they are designing projects.

Iowa DOT Details Environmental Value of Mussels

In a recent blog post, the Iowa Department of Transportation explained the long-term reasons why more than 140,000 mussels were relocated in 2016 from the waterway around a then-new Mississippi River crossing undertaken in partnership with the Illinois Department of Transportation – as well as a from a more recent bridge building effort conducted with the Wisconsin Department of Transportation.

[Above photo via the Iowa DOT]

In the post, Jill Garton of Iowa DOT’s Location and Environment Bureau said that mussels are waterway cleaning agents, functioning much the way the liver does in terms of removing toxins from a human being’s bloodstream.

“Freshwater mussels impact water quality,” she noted. “When you have mussels in an area, they filter impurities in the water and improve the health of the ecosystem. Without those filters, the water quality can degrade pretty quickly, putting other species at risk.”

Because mussels are sedentary creatures and can’t move out of the way when something disrupts their bed, Garton said they need to be physically moved to save them from being crushed by construction equipment. When the new bridge is finished and in place, the mussels are then relocated back into the area to continue their work as filters for river impurities.

Iowa DOT noted that it learned a lot about safely relocating mussels when building a new crossing for Interstate 74 over the Mississippi River in 2016; experience drawn upon several years later when it worked with the Wisconsin DOT to build a new highway crossing over the  Mississippi River connecting Lansing, IA, to Crawford County, WI.

While Garton pointed out that it “sounds pretty simple to just pick up a bunch of mussels and move them,” in reality, the relocation process involved several federal and state agencies. And, for the Wisconsin crossing project, since at least one species of mussel is on the endangered list, more factors came into play – such collecting the 30,000 mussels found in the area of that bridge project so they could be weighed, aged, tagged, recorded, and relocated.

“Strong working relationships with the agencies, our consultants, and our internal Iowa DOT colleagues made preparation for and completion of the relocation possible,” she noted. “The Iowa bank of the mighty Mississippi River in this area is home to an even larger mussel bed than we anticipated, but with a lot of long hours by all involved, we did it. Completing the successful relocation of the mussels not only met our environmental commitments under law but provided us with the satisfaction that we are protecting the environment that many of us enjoy in our free time outside of work.” 

Environmental News Highlights – June 19, 2024

FEDERAL ACTION


Congestion Pricing Delay in New York Ripples Across the Country -New York Times

States Challenge California on Emissions Legal Activism -Transport Topics

Megabus owner Coach USA files for Chapter 11 bankruptcy –SmartCitiesDive

USDOT Finalizes New Fuel Economy Standards for Model Years 2027-2031 -USDOT (media release)

 

INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY

WSDOT Begins Nat’l Search for Hybrid-Electric Ferry Builder -AASHTO Journal

Senators Ramp Up EV Pushback -Transport Topics

Michigan plans to chart a greener course for Great Lakes shipping, boating –Mlive

Amtrak Releases Fiscal Year 2023 Sustainability ReportAmtrak

 

AIR QUALITY

Washington State’s Adoption of CARB Rules Upheld by Judge -Transport Topics

Will America’s Clean Car Policies Persist? -University of Pennsylvania

ENVIRONMENTAL JUSTICE/EQUITY

State DOT Projects Receive 2024 Environmental Awards -AASHTO Journal

US struggles with bumpy road to e-mobility -Deutsche Welle (video)

NATURAL RESOURCES

Invasive Species Are Transforming the Everglades -Good Men Project

Nevada DOT-led Study Receives Award for Efforts to Reduce Animal-Vehicle Collisions and Keep Wildlife Connected -Nevada DOT (media release)

CULTURAL RESOURCES

Regulators OK transporting cannabis to Massachusetts islands by boat –MjBizDaily

HEALTH AND HUMAN ENVIRONMENT/ACTIVE TRANSPORTATION

St. Louis to develop urban mobility plan -ITS International

Officials celebrate enhanced bike trail in Downtown Pittsburgh –TribLIVE

King County approves use of e-bikes on regional trails -Seattle Times

 

Electric bikes in Michigan allowed on state park trails, other natural surface paths under new order -WJBK-TV

Oregon DOT’s Latest PSA Explains New Bike Passing Law –BikePortland

Connecticut Governor Lamont Announces $10 Million in State Grants for Recreational Trails Across State -Connecticut Governor’s Office (media release)

 

TRB RESOURCES/RESEARCH/ANNOUNCEMENTS

TRB Holding 2nd Annual Transportation Equity Conference -AASHTO Journal

Risks Related to Emerging and Disruptive Transportation Technologies: A Guide – NCHRP

 

FEDERAL REGISTER NOTICES

Clean Air Act Advisory Committee – Notice of Meeting -EPA (Notice)

Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light- Duty and Medium-Duty Vehicles; Correction -EPA (Final rule; correction)

Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3; Correction -EPA (Final rule; correction)