Environmental Mandates for a Proposed Highway or Bridge Project When the Habitat of an Endangered Species and/or Historical Properties Are in the Vicinity
This article is a reply.
VIEW THE ORIGINAL ARTICLEThis article has a reply.
VIEW THE REPLYPublication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 2
Abstract
Prior to beginning a major highway or bridge project, the transportation planner must address requirements set out in the National Environmental Protection Act (NEPA). NEPA requires a specific evaluation of the effect a major highway or bridge project will have on the environment. This evaluation must include consideration of the effect the project may have on the habitat of an endangered species, which implicates provisions of the Endangered Species Act (ESA) and on historical properties in the vicinity of the project, which implicates provisions of the National Historic Preservation Act (NHPA). This paper presents requisites of NEPA that integrate the requirements of ESA and NHPA into the initial evaluation of the impact on the human environment of a major highway or bridge project. The intent of this paper is to provide guidance to transportation planners in light of NEPA, ESA, and NHPA statutes as they begin the planning stages for highway and bridge projects.
Get full access to this article
View all available purchase options and get full access to this article.
References
Babbitt v. Sweet Home Chapter of Communities of a Great Oregon (Babbitt). (1995). 515 U.S. 687.
Center for Biological Diversity v. Federal Highway Administration (Center Biological Diversity). (2003). 290 F. Supp. 2d 1175 (S.D. Cal.).
Citizens to Preserve Overton Park v. Volpe (Citizens Preserve Overton Park). (1971). 401 U.S. 401.
Civil Rights Act of 1964 (Title VI). (1964). 42 U.S.C. section 2000d.
Concerned Citizens Alliance, Inc. v. Department of Transportation Federal Highway Administration (Concerned Citizens Alliance). (1999). 176 F.3d 686 (3rd Cir.).
Council on Environmental Quality Regulations (Council Environmental Quality Regs). (2005). 40 C.F.R. sections 1500–1508.
Department of Transportation Act, Section 4(f) (Dept Trans Act). (1994). 49 U.S.C. section 303(c); Amended by and codified. (1998). 23 U.S.C. section 138.
Endangered Species Act (ESA). (1973). 16 U.S.C. section 1531–40.
Endangered Species Regulations (ESA Regs). (2005). 50 C.F.R. section 17.11(h).
Essex County Preservation Association v. Campbell (Essex County Preservation). (1998).153 F.3d 1122 (10th Cir.).
National Environmental Protection Act (NEPA). (1969). 42 U.S.C. sections 4321–4347.
National Historical Preservation Regulations (NHPA Regs). (2005). 36 C.F.R. sections 670–800.
National Historical Preservation Act (NHPA). (1966). 16 U.S.C. sections 470–470x.
Preservation Coalition, Inc. v. Pierce (Preservation Coalition). (1982). 667 F.2d 851 (9th Cir.).
Transportation Equity Act (Trans Equity Act). (1998). 23 U.S.C. sections 103–112.
Waterford Citizens Association v. Reilly (Waterford Citizens). (1991). 970 F.2d 1287 (4th Cir.).
Information & Authors
Information
Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 133 • Issue 2 • April 2007
Pages: 163 - 167
Copyright
© 2007 ASCE.
History
Received: Feb 6, 2006
Accepted: Sep 7, 2006
Published online: Apr 1, 2007
Published in print: Apr 2007
Authors
Metrics & Citations
Metrics
Citations
Download citation
If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.