Planning and Environment Linkages: Review of Statutory Authority and Case Law (2023) / Chapter Skim
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IV. PEL-RELATED LITIGATION
IV. PEL-RELATED LITIGATION
Pages 20-21
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From page 20... ...
One of these chaland budget an agency allots for PEL; what the underlying engi lenges alleged that FHWA relied on understated population and neering, environmental, and socioeconomic issues are; and how traffic forecasts.169 However, the district court found that FHWA's successfully an agency is able to identify, analyze, and address reliance on the forecasts and modeling efforts of the designated project specific NEPA requirements during the transportation metropolitan planning organization responsible for developplanning process. Nonetheless, use of the PEL Questionnaire as ing transportation plans and programs for the area was reaa tool for planning the PEL approach, as well as a template for sonable.170 In addition, plaintiffs argued that the environmental documenting the PEL approach, appears to be emerging as a impact statement had improperly rejected a fixed guideway as a standard practice among all states.
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."176 both single source and separate source supply options.185 On More generally, courts have repeatedly supported the envi- this basis, the environmental impact statement was found to be ronmental review process based on other work performed dur- inadequate. Simmons remains the only published court deci ing a project's transportation planning process.
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