New ISTEA Bill Gets Mixed Review From Environmental Defense Fund

“We want to give credit where credit is due. By maintaining the basic framework and planning provisions of current law, this bill helps defend some of the important environmental reforms of ISTEA. We support those aspects of the bill,” said Michael Replogle of the Environmental Defense Fund (EDF). “However, without key changes in this bill the environmental community will be compelled to actively oppose this legislation. As drafted, this bill would rollback environmental funding designed to improve air quality and it could severely limit environmental reviews of highway projects. In this bill, funding under the Congestion Mitigation and Air Quality (CMAQ) program, which is desperately needed by areas struggling with polluted air, could now be spent under this proposal for new highways. Further, the bill weakens protections under the National Environmental Protection Act (NEPA) that ensure highway projects limit their impact on the environment. We intend to work with all of the members of the Transportation and Infrastructure Committee to ensure that this important legislation strengthens, rather than weakens, environmental protection.”

Replogle added, “at a time when health science indicates we need to be doing more to protect children and the elderly from air pollution, this is no time to raid the only substantial source of transportation funding which focuses on clean air. Most of the money contained in the transportation bill can already be used for highways; only 5% is reserved for CMAQ projects.”

The CMAQ program has funded many good transportation projects, including conversions of bus fleets to cleaner fuels, improving mass transit, building bicycle paths, improving pedestrian accessibility. These programs reduce air pollution from cars and buses, but have come under attack from highway interests seeking more subsidies for roads. Motor vehicles continue to account for a third to half of key health-threatening air pollutants in many metropolitan regions.

Proposals for ‘streamlining’ the environmental review process in the draft ISTEA bill may undermine basic protections put in place by the 1970 National Environmental Protection Act. “We hope to work with the Committee and correct these problems to guarantee the public’s right to know about the effects of highway projects and assure open debate about their need and purpose,” Replogle said.