Infrastructure Delivery in the Changing Climate of Environmental Regulations-Infrastructure Delivery in the Changing Climate of Environmental Regulations Slides

Infrastructure Delivery in the Changing Climate of Environmental Regulations Slides

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The August 10, 2022 ACEC webinar presented by Kevin Ramberg focused on the interplay between federal infrastructure investment funds and environmental regulations amid a changing climate. The Infrastructure Investment and Jobs Act (IIJA), signed in November 2021, allocates $864 billion across sectors including roads, bridges, public transit, energy, rail, airports, ports, broadband, and clean water, distributed mainly through the Departments of Transportation, Energy, EPA, and others. These funds come with regulatory conditions rooted in key federal environmental laws such as the National Environmental Policy Act (NEPA), Clean Water Act (CWA), Endangered Species Act (ESA), and Clean Air Act.<br /><br />NEPA, a foundational environmental statute for federal actions since 1970, requires environmental review processes including Environmental Impact Statements (EIS) and Assessments (EA). The Trump administration issued a NEPA rule in 2020 that streamlined reviews by narrowing scopes and timelines. By contrast, the Biden administration is restoring comprehensive reviews addressing direct, indirect, and cumulative effects—including climate change and environmental justice—via phased NEPA rule revisions, which will likely lead to longer, more inclusive reviews affecting project schedules.<br /><br />The Clean Water Act’s Section 404 regulates impacts on waters and wetlands. The definition of Waters of the United States (WOTUS) has shifted with court rulings and administrative changes; the EPA under Biden is proposing to revert to the earlier "Rapanos" framework while awaiting a Supreme Court ruling on Sackett v. EPA, creating regulatory uncertainty for infrastructure projects. Similarly, the ESA is under review with recent reversals of Trump-era relaxations on habitat definitions, potentially resulting in new species listings and habitat protections affecting project timelines.<br /><br />The Clean Air Act faces tightening air quality standards and recent Supreme Court limits on EPA’s authority to mandate carbon reductions. Infrastructure projects must contend with evolving federal environmental requirements that may affect planning, permitting, and construction over multi-year timelines.<br /><br />In conclusion, while billions of federal funds are flowing for infrastructure under IIJA, compliance with evolving environmental regulations will shape project development. Staying informed on regulatory changes and aligning project priorities and schedules to manage environmental risks is crucial for navigating this complex landscape.

Keywords

Infrastructure Investment and Jobs Act

IIJA

National Environmental Policy Act

NEPA

Clean Water Act

CWA

Endangered Species Act

ESA

Clean Air Act

Environmental Regulations