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ARTICLE · 24 FEBRUARY 2010

US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects

Mayer Brown
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As new infrastructure projects begin to sprout across the United States in response to new government grants, incentives and stimulus plans, those seeking to capitalize on what President Obama calls "the largest new investment into the nations infrastructure since Eisenhower built an interstate highway system in the 1950s" are running into legal roadblocks.

United StatesStrategy

Originally published February 23, 2010

Keywords: US Environmental laws, siting, construction, new infrastructure projects, government grants, NEPA, DOT, FTA

As new infrastructure projects begin to sprout across the United States in response to new government grants, incentives and stimulus plans, those seeking to capitalize on what President Obama calls "the largest new investment into the nations infrastructure since Eisenhower built an interstate highway system in the 1950s" are running into legal roadblocks. More specifically, they are finding that the complex web of US environmental laws not only makes it difficult to progress swiftly on infrastructure projects, but also enables project opponents to halt, delay or force changes in projects by filing lawsuits alleging noncompliance with environmental laws. Many infrastructure projects, in particular greenfields projects, are often sited in areas containing rare flora and fauna, cultural resources or protected

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