Equipment World Digital Magazine
Issue link: http://read.dmtmag.com/i/440012
January 2015 | EquipmentWorld.com 40 E ven as the green move- ment expands its war against fossil fuels, it's losing ground in its ability to use federal legislation to strangle new high- ways and capacity improvements in the cradle. Since 2005, serious reforms in federal surface transportation legislation like today's MAP-21 and its predecessor, SAFETEA-LU, have allowed states to shorten the time it takes for bridge, road and capacity improvements to go from concep- tion to completion. But the reforms haven't been widely implemented. SAFETEA-LU specifically initiated a new environmental review that would allow state agencies to assume the U.S. DOT's environmental review responsibilities and, significantly, lia- bilities under the controlling National Environmental Policy Act (NEPA). But with only two states – Cali- fornia and Texas – taking full advantage of the environmental review delegation of authority, it's clear more can be done. "There's not been a wholesale reduction in the environmental review process," says Nick Goldstein, vice president, Environmental & Regulatory Affairs, American Road & Transportation Builders Association (ARTBA). "We think there's a long way to go in project delivery. "California was one of the five states that had the option un- der SAFETEA-LU, and the only one that went ahead with it," Goldstein tells Equipment World. "MAP-21 opens it up to every state. Texas looked to California for its own application, and we have hope that more states will take advantage of that process. With California and Texas being on opposite ends of the spectrum, if it works in both places – which we're assuming it will – maybe other states will decide it can work for them." But there's a catch: the state assumes the liability for lawsuits that the federal government was accepting under the existing pro- cess. "States waive their sovereign immunity, and that's been a bar- rier," Goldstein says. road science | by Tom Kuennen Photo Credit: Tom Kuennen STATES MUST TAKE THE INITIATIVE IN ENVIRONMENTAL STREAMLINING