In This Issue:

- AUTHOR'S ACKNOWLEDGMENTS

- GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS

..Early Identification and Assessment of Legal Risks

..Methods for Managing Legal Risks

..Legal Risk Assessment Checklist for Transportation Projects

- BACKGROUNDER: CASE LAW AND CASE STUDIES OF LEGAL RISK IN THE NEPA PROCESS

..Introduction

..Organization of this Section

..Case Law

..Purpose and Need

..Range of Alternatives

..Integration of NEPA and Other Environmental Processes

..Section 4(f) Resources and Other Historic Sites

..Wildlife and Habitat Issues

..Impacts on Wetlands and Other Waters of the United States

..Coordination with Other Environmental Reviews

..Case Studies

..Intercounty Connector Project

..Mountain View Corridor

..Alaskan Way Viaduct Replacement Project

..The 11th Street Bridge Project

..Presidio Parkway Project

..Nelsonville Bypass Project

..Identifying, Assessing and Addressing Risk

..Identifying Risk

..Type of Project

..Resources Affected

..Managing Risk

..Responding to the Risk of Administrative Delay

..Responding to Vocal Opposition

..Responding to the Risk of Litigation

..Deciding What to Do: Evaluating the Level of Risk and Using Experts

..Conclusion

- APPENDIX A: KEY OBSERVATIONS FROM INITIAL INTERVIEWS

..Early Risk Identification and Risk Factors

..Type of Project

..Resources Affected

..Other Indicators

..Strategies for Managing Risk

..Identify Issues Early

..Engage Expert Legal and Technical Advisors Early On

..Engage the Public Early On

..Coordinate with Resource Agencies and FHWA

..Prepare for Litigation from the Outset

..General Observations

- APPENDIX B: LIST OF ACRONYMS/ABBREVIATIONS

- Excerpt from GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS:

This guidance is intended to assist federal and state transportation agencies in managing legal risks in the environmental review process for transportation projects, particularly highway projects, as part of a comprehensive approach to project risk management. The intended audience for this guidance includes Federal Highway Administration (FHWA) and State department of transportation (State DOT) staff, as well as the consultants who work for them in preparing environmental documents under the National Environmental Policy Act (NEPA) and related federal and state laws.

Originally Published for the NCHRP Project 20-24/Task 71 Phase 2 - March 2014.