Is executive treatment enough?

Nov. 18, 2002

I'm convinced some of the federal government's finest screeners will never search an airline bag.

I'm convinced some of the federal government's finest screeners will never search an airline bag.

Try slipping a harmful object past the Environmental Protection Agency. The slightest suspicion will have officials waving their wand--one that can freeze the biggest of proj-ects for years. Just ask any transportation planner. Before a road is put into place it faces a series of hot-lamp interrogations. If something isn't right, move back to step one. If all goes well move up to inspector No. 2 . . . and No. 3, No. 4 and No. 5 are waiting with their questions. The process has been a time nuisance for years. In 2001, the median time to process environmental documents for major highway projects was 4-1/2 years. During the wait, our highways have become clogged with automotive sludge.

So President George W. Bush responded the only way he knew how--with some force. Back on Sept. 18 he signed an executive order "to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects." The highlight of this particular strike of the pen is the formation of a "Transportation Infrastructure Streamlining Task Force." According to the president, this group will monitor and assist agencies in their efforts to expedite a review of transportation infra-structure projects and issue permits or similar actions, as necessary; review projects, at least quarterly, on the list of priority projects; and identify and promote policies that can effectively streamline the process required to provide approvals for transportation infrastructure projects, in compliance with applicable law, while maintaining safety, public health and environmental protection.

Forming this task force will be the secretary of agriculture, secretary of commerce, secretary of transportation (who will serve as chairman), secretary of the interior, secretary of defense, administrator of the Environmental Protection Agency, chairman of the Advisory Council on Historic Preservation and the chairman of the Council of Environmental Quality.

Congress launched its operation about a week later when House Transportation & Infrastructure Committee Chairman Don Young (R-Alaska) introduced the "Expediting Project Delivery to Improve Transportation and the Environmental Act." Brian Holmes, executive director of the Maryland Highway Contractors Association, an American Road & Transportation Builders Association affiliate, said the bill takes important steps in clearly defining the applicability of federal historic preservation laws in transportation planning and setting time limits for challenging transportation plans and projects in court.

As expected, the environmentalists found refuge in the National Environmental Protection Act (NEPA). Testifying before the Subcommittee on Highway and Transit, Environmental Defense Transportation Director Michael Replogle said the Congressional move would weaken environmental laws created under NEPA by setting arbitrary deadlines that are far too short to meet important goals.

"Passage of this bill will jeopardize public health, harm efforts to preserve endangered species and threaten valuable wetlands and communities by impairing accountability," Replogle said.

My burning question is this: What can you possibly "catch" in 41/2 years that you can't in 2 years? If these environmental protectors are really good at what they do shouldn't they be efficient as well? I think it's quite clear that if an official doesn't like a certain highway project he or she will do whatever necessary to slow development--and this person has plenty of decelerating laws to pull and use.

But I'm afraid this new task force will be powerless. Action taken must be "in compliance with applicable law." In other words, the EPA is still calling the shots. And with two land-cleaning executives on board there could be more task force squabbling than positive movement.

It might seem impossible, but we need an entirely new set of rules, because there is just too much baggage here.

About The Author: Bill Wilson is Editor of Roads & Bridges. He can be reached at [email protected]

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