The Biden Administration launched the Biden-Harris Permitting Action Plan in early 2022, which calls for a more “effective, efficient, and transparent permitting process” to accelerate a new generation of infrastructure projects. That means expediting permitting and environmental reviews while still following “the best science, information, and complete environmental effects analysis.”

As a result, environmental leadership during the permitting phase has never been more critical. Organizations launching new infrastructure projects must improve how they work with federal and state agencies responsible for permitting; and must reconsider how to meet community needs for environmental protection, equity, and inclusion as infrastructure projects go forward.

Adapting to New Environmental Standards

Upon establishing stronger climate and safety standards, the plan calls for creating sector-specific teams to accelerate permitting and improve environmental reviews to avoid redundancy. In states such as California, Florida, and New York, which have their own environmental laws, this is especially challenging because permitting requires coordination with both state and federal agencies concurrently. Changes to federal and state regulations must be interpreted at the state level, where staff members are repeatedly required to retool their understanding of new federal requirements.

Fortunately, “complex, capital intensive” projects may be covered under the federal FAST-41 permitting process, which can “accelerate information sharing and troubleshooting, and help agencies remedy near-term resource shortages for permitting.” The plan describes how proactive, early, and ongoing engagement with the public and state, local, tribal, and territorial partners is a core value. Organizations may find new resources available to them as they work to meet these more stringent environmental permitting requirements.

Organizations launching new infrastructure projects must improve how they work with federal and state agencies responsible for permitting; and must reconsider how to meet community needs for environmental protection, equity, and inclusion as infrastructure projects go forward." Jeff Bray

Including Equity in Infrastructure Development

Prioritizing the environment involves reducing a project’s carbon footprint and minimizing its impact on local air and natural ecosystems. But it also includes equity among people — that is, the consideration and inclusion of people affected by new transit and other infrastructure projects.

The plan gives the Federal Permitting Improvement Steering Council (FPISC) new authority when facilitating infrastructure projects that involve diverse populations, including Native American tribes and vulnerable communities. Acquiring input from local populations during the permitting process is a priority; for example, the plan directs agencies to “invite Tribal Nations to serve as cooperating agencies in environmental review processes” when appropriate.

These principles were already codified at the state level, to an extent. California is home to Native American tribes of all types, sizes, and levels of economic and civic participation. California’s Assembly Bill for Tribal Cultural Resources (AB 52) calls for tribal coordination for all infrastructure developments.

Now, we’re making progress in standardizing the review and permitting process at the national level so that all affected communities have a seat at the table. Specifically, the plan calls on project leaders and agencies to engage all stakeholders in infrastructure development as permitting begins. Under no circumstances should these communities be an afterthought or a “box to check” after projects begin.

Meeting Modern Standards for Success

Environmental leadership will continue to be an important asset to infrastructure development. Through a future-forward approach to environmental protection, equity, and inclusion, we can protect public interests and improve the quality of life for everyone. We must focus on safe, reliable, and sustainable projects that will benefit future generations and reflect the needs and priorities of all concerned.

Expanding Outreach: A Virtual Public Information Center

During the preliminary engineering phase of the $95 million project to improve a busy interchange at I-80 and Route 15 in Morris County, the New Jersey Department of Transportation (NJDOT) was faced with the challenge of conducting public outreach during the pandemic. The National Environmental Policy Act (NEPA) requires federally funded projects such as this to include a Public Information Center (PIC) as part of the environmental review process, but the agency was unable to host in-person public meetings.

As a result, NJDOT Government & Community Relations specialists teamed with Dewberry to create a virtual PIC that engaged stakeholders, presented key issues, and collected feedback from the public. It was widely advertised through local and state government websites and the news media. Dewberry created a 14-minute video to explain the project, using animation to depict project features.

The online information was available for two weeks, drawing a much larger attendance than an in-person meeting would have achieved. More than 1,700 people visited the site and viewed the video. The positive results led to the creation of a set of best practices for virtual PICs, including use of online surveys, leveraging the power of social media, and engaging local municipalities.