Encouraging Tiered NEPA Studies For Highway And Rail

Law360, New York (October 12, 2009, 1:35 PM EDT) -- In an opinion that should bolster the use of tiered studies under the National Environmental Policy Act for highway and high-speed rail projects, the U.S. District Court for the Western District of Virginia has issued an opinion upholding the use of a tiered NEPA process for improvements to the I-81 corridor in Virginia. Shenandoah Valley Network v. Capka, 2009 WL 2905564 (W.D. Va. Sept. 3, 2009) ("I-81 decision").[1]

The Federal Highway Administration (FHWA) and the Virginia Department of Transportation (VDOT) elected to use a tiered NEPA...
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