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Texas and Cumulative Impacts Analysis

Texas and Cumulative Impacts Analysis. June 2006 FHWA Environmental Conference Jack F. Gilbert. Why now?. I&CI - Always in the NEPA process Important now because of past litigation Tex. Comm. Nat. Res. v. Van Winkle Current litigation issue in Texas Save Our Springs Alliance v. FHWA

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Texas and Cumulative Impacts Analysis

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  1. Texas and Cumulative Impacts Analysis June 2006 FHWA Environmental Conference Jack F. Gilbert

  2. Why now? • I&CI - Always in the NEPA process • Important now because of past litigation • Tex. Comm. Nat. Res. v. Van Winkle • Current litigation issue in Texas • Save Our Springs Alliance v. FHWA • Future litigation issue? • Trans-Texas Corridor, I-69, etc. • Administrative Record

  3. Resources for TxDOT Cumulative Impacts Guidance • CEQ • Considering Cumulative Effects, 1997 • Consideration of Past Actions, 2005 • Caltrans • Guidance for Preparers of CI’s, 2005 • FHWA • Interim Guidance: Q&A on I&CI, 2003 • EO I&CI workgroup (Baseline Report 2005), NC DOT, Wisc DOT, MD DOT

  4. Interim Guidance on Preparing Cumulative Impact AnalysesTxDOTMarch 2006 • User friendly for field staff and consultants • Prepared by TxDOT, with input from FHWA, Tx Atty Gen., outside counsel

  5. Texas DOT - 8 Step Process • Identify the resources to consider • Define the study area for each affected resource • Describe the current health/historical context for each resource • Identify direct and indirect impacts that may contribute to a cumulative impact

  6. 8 Step Process, cont. • Identify other reasonably foreseeable actions that may affect resources • Assess the potential cumulative impacts to each resource • Report the results of the analysis • Assess and discuss mitigation issues for all adverse impacts

  7. Document the Work • “Hard Look” • Collaborate, deliberate, formulate • Explain the methods and results • Administrative Record

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