NEPA Assignment is Failing Texans
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Pubic comment is open through July 7 — for just 15 days, over a major federal holiday.
Current Status
The Proposed Second Renewal MOU is now finalized and notice has been posted to the Federal Register without any reflection of public feedback. In fact, the only changes actually give TxDOT more autonomy and require less oversight; and extend the contract from 5 to 10 years.
If the 2019 MOU allowed TxDOT to grade it’s own homework, this 2025 draft takes the teacher out of the classroom entirely. We the people of Texas are owed accountability from the public agencies we fund to serve our needs.
Overview
NEPA is meant to ensure that TxDOT follows federal laws and regulations to balance transportation needs with the social, environmental, and economic impacts on Texans and our land. NEPA Assignment gives the authority to approve TxDOT’s project impact reports from the Federal Highway Administration (FHWA) — a division of the US Department of Transportation (USDOT) — to TxDOT itself. Essentially, it allows TxDOT to grade its own homework, then decide if it is grading itself fairly.
The lack of review from anyone — within or outside of our state — is allowing TxDOT to skirt federal law. The result compromises Texans’ health, safety, and wellbeing for more road lanes taking pieces of our neighborhoods, ranches, and natural lands.
Read our report.
TxDOT’s 5-year NEPA Assignment Memorandum of Understanding (MOU) — or contract — with the Federal Highway Administration (FHWA) was scheduled to be signed on December 9, 2024.
Advocates responded with almost 300 public comments! The majority oppose TxDOT’s NEPA Assignment outright, or make recommendations on how to strengthen the MOU. The deadline was pushed to March 9, 2025 so comments could be reviewed. The deadline was again delayed to September 9, 2025.
Media
- Kimble, M. (2025, July 1.) Trump officials want to give TxDOT more power over highway expansions. Houston Chronicle.
- Bogardus, K. (2025, June 25.) Agencies roll out plans to pare down NEPA reviews. PoliticoPro.
- (2024, December 9.) TxDOT’s Push For Self-Approved Environmental Reviews Faces Mixed Reactions. Dallas Express.
- Bernier, N. (2024, December 6.) TxDOT wants to keep approving its own federal environmental reviews. KUT News.
- Cohen, C. (2024, December 5.) Environmental oversight of TxDOT, at 9:00 minutes. Houston Matters.
- Wilson, K. (2024, November 25.) Should States Like Texas Be Allowed to Grade Their Own Highway Homework? STREETSBLOG USA.
- Bernier, N. (2024, November 21.) Proposal to add toll lanes along MoPac through South Austin now open to public feedback. KUT News.
- Kimble, M. (2024, November 14.) Texans can weigh in this month on TxDOT’s environmental oversight of highway expansions. Houston Chronicle.
- DeGood, K. (2023, October 30.) The I-35 Expansion in Austin, Texas Shows Why States Should Never Control Their Own Environmental Review Process. STREETSBLOG USA.
What We Asked For in 2024
In December 2024 we called on the USDOT and FHWA to revoke TxDOT’s NEPA Assignment, or strengthen the MOU.
Our redlined draft of the 2019 NEPA Assignment MOU contains our recommendations and language from MOUs with other NEPA Assignment states. This is the MOU that will inform a transportation system that serves Texans as well as our economy.
We spoke with Texas Senators and Congresspeople about how NEPA Assignment impacts Texans, and asked our network to submit public comment.
Public comment to FHWA on TxDOT’s NEPA Assignment closed on December 9, 2024. Our public comment guide is still available for summarizing messages.
Why This Matters Now
In the next 10 years, TxDOT will invest more than $100B in Texas, according to their 2024 Unified Transportation Plan. Almost 98% of that budget is dedicated to highways. This despite: 1- sixty years of research demonstrating that when more lanes are added, rush hour congestion rises to the maximum freeway capacity, and 2- TxDOT’s own 2018 finding that on-road emissions in Texas account for nearly half a percent of total worldwide carbon dioxide emissions. TxDOT’s enormous investment of our tax dollars will essentially shape the future of our state.
The 1970 National Environmental Policy Act (NEPA) is an umbrella procedural law for proposed projects using federal funding or property. Under the USDOT and the FHWA, NEPA studies must account for the impact of continued highway development on our people and our state, and mitigate the consequences. The first step requires TxDOT to determine if a transportation project will have a “significant impact”. If so, it requires an Environmental Impact Statement report (EIS), which must quantify those impacts and explain mitigation plans. However, TxDOT issued “Findings Of No Significant Impact” (FONSIs) for 95% of their EAs conducted between January 2015 and June 2022, a total of 130 projects, while just six projects received the full EIS.
In 2024 alone, the State of Texas sought to block the enforcement of two federal rules: to monitor and track greenhouse gas emissions and the Biden Administration’s Phase II changes to NEPA’s implementing regulations that would return NEPA to a science-based planning tool to influence positive outcomes. A state that actively seeks to block federal environmental regulations cannot be trusted to faithfully carry out its responsibilities under NEPA. Texans need enhanced oversight to provide critical checks and balances.
In 2014, TxDOT joined the NEPA Assignment program, which allows them to approve their own environmental reviews and annually self-audit their compliance. It is no surprise that TxDOT gives itself As across the board. Yet the experience of Texans tells a much different story, as you can read in our report.
How TxDOT Works
A 60 minute workshop presenting our understanding of TxDOT’s project planning process, and how to intervene.
February 19, 2025
2023 Data and Policy Recommendations
Read our public comment to the Texas Transportation Commission and TxDOT on:
- Modeling inaccuracies, including traffic and safety; and air quality, GHG, and climate.
- Process fallacies, including strategic goals and budgeting.
These comments were submitted on Connecting Texas 2050, TxDOT’s
Statewide Long-Range Transportation Plan. Similar comments were made on TxDOT’s Unified Transportation Plan (UTP), and Austin’s I-35 Central Draft Environmental Impact Statement (DEIS).
Transportation Codes and Regulations Governing TxDOT and MPOs
1. United States Code (USC)
- Title 23: Highways — Section 134, Metropolitan Planning; Section 135, Statewide Non-Metropolitan Planning.
- Title 49: Transit — Section 5303, Metropolitan Planning; Section 5304, Statewide and Non-Metropolitan Planning.
2. Code of Federal Regulations (CFR)
- 23 CFR, Section 450: Highways — Subpart A Definitions (450.100- 450.104); Subpart B, Statewide and non-metropolitan transportation planning (450.200- 450.226); Subpart C, Metropolitan transportation planning (450.300- 450.340).
- 49 CFR, Section 613: Transit — Subpart A, Metropolitan transportation planning and programing (613.100); Subpart B, Statewide and non-metropolitan transportation planning and programming (613.200).
3. Texas Administrative Code (TAC)
Our goals
- Change how tax dollars are spent, allowing investment in a multimodal transportation system.
- Require accurate modeling to create and analyze data that informs planning and budget decisions.
- Align projects with local development plans.
- Protect Texan’s health and safety by considering the context of project-adjacent communities and environments.