Environmental Considerations for a Proposed Tolled Highway Project
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Volume 134, Issue 1
Abstract
As federal dollars available for highway projects are tightened and as demand for more highway capacity continues to increase, transportation officials seek more innovative financing methods. One of the more common methods has been to toll new highway projects. Recently, tollways also have been considered for existing, free-access roadways, i.e., nontolled, infrastructure segments. Transportation planners must consider that this so-called “innovative” financing technique, i.e., the decision to toll existing and new roadways, is subject to provisions of the National Environmental Protection Act (NEPA). This renewed interest in tolling mandates that transportation planners revisit the requirements of NEPA, and in this context, its applicability to decisions to toll roads for financing of highway projects. NEPA requires that, prior to construction of a bridge or highway, the head of the federal agency that is committing funds to the project must evaluate the effect of the project on the human environment; the effect of the project on the habitat of an endangered species, which implicates provisions of the Endangered Species Act; the effect of the project on any historic properties in the vicinity of the project, which implicates provisions of the National Historic Preservation Act, and the effect of the project on minority or low-income-populations, called environmental justice, which implicates Title VI of the Civil Rights Act of 1964. In this paper, we analyze the requirements of NEPA as they relate to Title VI of the Civil Rights Act of 1964. The interrelation of the two acts now mandates that the transportation planner consider an environmental justice concept in planning for highway and bridge projects. The intent of this paper is to provide some guidance to transportation planners in light of the environmental justice issues implicated by Title VI of the Civil Rights Act of 1964 as they begin the planning stages for highway and bridge projects.
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References
Administrative Procedure Act (APA), 5 U.S.C. Section 706(2)(A) (1996).
Alexander v. Sandoval (Sandoval), 532 U.S. 275 (2001).
Blessing v. Freestone, 520 U.S. 329 (1997).
Camden Citizens in Action v. New Jersey Dept. of Envtl. Prot., 274 F.3d 771 (3rd Cir. 2001).
Civil Rights Act of 1964 (Civil Rights Act), 42 U.S.C. Section 1983 (1983).
Civil Rights Act of 1964 (Title VI), 42 U.S.C. Section 2000d (1964).
Council on Environment Quality Regulations (Council Environmental Quality Regs.), 40 C.F.R. Sections 1500–1508 (2005).
Department of Transportation Regulations (Dept. Trans. Regs.), 49 C.F.R. Sections 21.5(b)(2) (2005).
Endangered Species Act (ESA), U.S.C. Section 1531-40 (1973).
Gonzaga Univ. v. Doe, 536 U.S. 273 (2002).
Harris v. James, 127 F.3d 993 (11th Cir. 1997).
Knorr, M. L. (1997). “Environmental injustice.” J. Environm. Law, 71, 73–76.
Loschiavo v. City of Dearborn, 33 F.3d 548 (6th Cir. 1994).
Mid States Coalition for Progress v. Surface Transportation Board, 345 F.3d 520 (8th Cir. 2003).
National Environmental Protection Act (NEPA), 42 U.S.C. Section 4332 (1973).
National Historical Preservation Act (NHPA), l6 U.S.C. Section 470-470x (1966).
“North Carolina takes big step toward its first toll roads.” (2005). Engineering News Record (ENR), 14.
Samuels v. District of Columbia, 770 F.2d 184 (D. C. Cir. 1985).
Save our Valley v. Sound Transit, 335 F.3d 932 (9th Cir. 2003).
Smith v. Kirk, 821 F.2d 980 (4th Cir. 1987).
“Toll roads, once old, new again.” (2005). Transportation News (Trans News), 30(2), 5–8.
Triangle Improvement Council v. Ritchie, 402 U.S. 497 (1971).
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© 2008 ASCE.
History
Received: Oct 12, 2005
Accepted: Sep 18, 2006
Published online: Jan 1, 2008
Published in print: Jan 2008
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