The I-70 Mountain Corridor Expansion Project: Does the Department of Transportation Act of 1966 Apply?
Megan A Yahr
Abstract
Megan A Yahr
Abstract
The plans of the Colorado Department of Transportation to widen the I-70 Corridor are discussed in relation to the protective statutes for environment, wildlife and historic resources included in the Department of Transportation Act of 1966. This article first discusses the history and policy behind section 4(f) in the Transportation Act, summarizes the statutory requirements, and reviews case law and interpretations. A list of the protected resources possibly affected by the I-70 construction is provided, and the projected adverse impacts identified by a preliminary study by the Colorado Department of Transportation are discussed. Finally, the article argues that the project qualifies for the standards for protection, as the area can meet the three characteristics of protection: public, significant and used as a park, recreation area, wildlife or waterfowl refuge, or historic property.
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The plans of the Colorado Department of Transportation to widen the I-70 Corridor are discussed in relation to the protective statutes for environment, wildlife and historic resources included in the Department of Transportation Act of 1966. This article first discusses the history and policy behind section 4(f) in the Transportation Act, summarizes the statutory requirements, and reviews case law and interpretations. A list of the protected resources possibly affected by the I-70 construction is provided, and the projected adverse impacts identified by a preliminary study by the Colorado Department of Transportation are discussed. Finally, the article argues that the project qualifies for the standards for protection, as the area can meet the three characteristics of protection: public, significant and used as a park, recreation area, wildlife or waterfowl refuge, or historic property.
Key concepts: Recreation, Statute, Statutory law, National Environmental Policy Act, Wildlife, Legislative history, Environmental planning, Land use