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NCHRP LRD 89 LEGAL RESEARCH DIGEST J ANUA RY 2023 Planning and Environment Linkages: Review of Statutory NAT IO NA L COOP E R AT I VE Authority and Case Law H IGH WAY This digest was prepared under NCHRP Project 20-06, âLegal Problems Arising Out of Highway Programs,â for which the Transportation Research Board (TRB) is the agency coordinating the research. RESEA R C H Under Topic 25-07, James Auslander, Meghan Morgan, Brooklyn Hildebrandt, and Ashley Campfield, P ROGR A M Beveridge & Diamond PC, Washington, DC; Paul Heberling, WSP, Denver, CO; and Manisha Patel, WSP, St. Louis, MO, prepared this digest. The opinions and conclusions expressed or implied in this digest are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. The responsible senior program officer is Gwen Chisholm Smith. Background PEL, including to inform the purpose and need for a State departments of transportation have a continuing proposed transportation project, identify alternatives need to keep abreast of operating practices and legal ele- to the project, evaluate corresponding environmental ments of specific problems in highway law. The NCHRP Âeffects, and support interagency cooperation and public Legal Research Digest and the Selected Studies in Trans- participation. Congress has enacted multiple laws and portation Law (SSTL) series are intended to keep depart- federal and state transportation agencies have adopted ments up-to-date on laws that will affect their operations. regulations and guidance to encourage PEL. PEL also complements NEPA regulations for adoption and in- Foreword corporation by reference of prior analyses and reduces Planning and Environment Linkages (PEL) aims to duplication with state planning processes. In addition, Âfacilitate transportation projects by utilizing informa- reviewing courts have endorsed the PEL Âapproach. tion and analyses developed during planning to inform This digest presents the key legal bases and aspects and expedite environmental studies under the National of the PEL program. It covers the evolution of PEL, EnviÂronmental Policy Act (NEPA). Optimally utilized, highlighting key statutory and regulatory authori- PEL provides project sponsors with the opportunity to ties for PEL and corresponding agency guidance and front-load the environmental review process by leverag- policy. This digest includes a description and com- ing statewide or municipal planning processes to pro- parison of the various approaches to PEL at the federal duce durable decisions that can be used in subsequent and state levels. It also analyzes the history of litigation studies under NEPA. PEL also allows agencies and prac- Ârelevant to PEL. Finally, this digest summarizes key titioners to consider the environmental, community, and considerations for PEL going forward. economic goals of their projects early in the transpor- This digest will be helpful to all involved in the tation planning process, and use the analysis developed develÂopment, construction, and planning of trans- during planning to inform the required environmental portation projects, including attorneys, planners, state reviews under NEPA. transportation agencies, metropolitan regional plan- For many years, Congress and federal, regional, ning organizations, federal personnel, consultants, and state, and local transportation agencies have promoted contractors.