Enforcement of Environmental Mitigation Commitments in Transportation Projects: A Survey of Federal and State Practice

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report, prepared by Richard A. Christopher and Margaret L. Hines, is a new paper, which continues the National Cooperative Highway Research Program's (NCHRP's) policy of keeping departments up-to-date on laws that will affect their operations. This paper will be incorporated in Selected Studies in Highway Law (SSHL), which is currently undergoing a major rewrite and update. This paper addresses issues concerned with the enforcement of environmental mitigation commitments on highway construction and maintenance projects. It should be useful to attorneys, administrators, right-of-way specialists, planners, engineers, and members of the general public who have an interest in highway construction and environmental law compliance. The paper is organized as follows: (I) Introduction; (II) Experience of the Agencies: Survey Results; (III) Monitoring Mitigation Commitments - Proposed Administrative Solutions; (IV) Enforcement Mechanisms Available Through the Courts; and (V) Conclusions. An appendix contains a copy of the survey questionnaire.