Environmental Stewardship and Transportation Infrastructure Project Reviews

Impact dates

1. Sep 18, 2003

   First annual report to President due

2. Dec 17, 2002

   Task Force quarterly reviews of priority projects begin

Key directives

• Agencies shall formulate mechanisms to complete environmental reviews in timely and environmentally responsible manner
• Secretary of Transportation shall designate and maintain list of high-priority transportation infrastructure projects for expedited review
• Agencies shall to maximum extent practicable expedite reviews for listed projects
• Task Force shall review priority projects at least quarterly
• Task Force shall submit annual report to President with project-by-project results, regulatory inconsistency identification, and recommendations

Who is ordered

• Secretary of Transportation · Department of Transportation
• Secretary of Agriculture · Department of Agriculture
• Secretary of Commerce · Department of Commerce
• Secretary of the Interior · Department of the Interior
• Secretary of Defense · Department of Defense
• Administrator of the Environmental Protection Agency · Environmental Protection Agency
• Chairman of the Advisory Council on Historic Preservation · ACHP
• Chairman of the Council on Environmental Quality · CEQ
• Director of the Office of Management and Budget · Office of Management and Budget

Timeline

Risks & tensions

• Tension between expedited reviews and environmental protection safeguards explicitly acknowledged in text
• Vague 'to the maximum extent practicable' and 'consistent with available resources' language may limit enforcement
• No enforcement mechanism for agency non-compliance with expedited timelines
• Annual reporting requirement without specified consequences for non-submission
• Judicial review disclaimer (Sec. 6) eliminates private enforcement rights