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Planning and Environment Linkages: Review of Statutory Authority and Case Law (2023) / Chapter Skim
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V. PEL GOING FORWARD
Pages 22-24

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From page 22...
... nitiation of the environmental review process as nature"188; and second, the action "must be one by which ‘rights a part of, or concurrently with, transportation planning activi- or obligations have been determined,' or from which ‘legal conties does not subject transportation plans and programs to the sequences will flow.'"189 Frequently, NEPA-based challenges to environmental review process." Accordingly, plaintiffs cannot plans in various contexts have been rejected by courts as esdirectly challenge MPO or state planning products developed sentially premature because the subject agency has not taken under 23 U.S.C. §§ 134 or 135, simply because they are subse- any specific, final action at the planning stage that results in an quently incorporated in a NEPA analysis for a given project that ­irreversible and ­irretrievable commitment of resources.
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From page 23...
... Agencies should look incorporated planning products and the NEPA reviews stem for ways to institutionally improve their environmental review ming from PEL should result in robust administrative records processes, such as changes to organizational structures. Federal ultimately supporting those projects.
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