Beveridge & Diamond

Transportation Conformity

Clean Air Act regulations require that federally-funded transportation projects and private development projects needing federal approvals "conform" to mandated emission reductions under State Implementation Plans. This often-overlooked requirement is critical for many projects and has spawned litigation by special-interest and NIMBY groups that oppose highway infrastructure and development projects. Beveridge & Diamond, P.C. has successfully represented companies, trade associations, and governmental entities in difficult cases of first impression that threatened to stop or delay the construction of roads, interchanges and other transportation improvements or development because of alleged failures to satisfy these requirements.

Representative Matters
Representative Matters
  • As counsel for a coalition of trade associations, we successfully helped federal, state and local officials defend a new urban transportation plan for the Atlanta metropolitan area and protected the contract interests of association members. Sierra Club v. Atlanta Regional Commission, 171 F. Supp. 2d 1349 (N.D. Ga. 2001).
  • We established the right of trade associations to intervene in challenges brought by environmental and local groups in a precedent-setting case in the U.S. Court of Appeals for the Tenth Circuit. Utahns for Better Transportation v. Slater, 295 F.3d 1111 (10th Cir. 2002).
  • We successfully helped defend the transportation plan for the Sacramento-area as lead counsel for industry intervenors in federal district court. This important decision established that NIMBY groups cannot use the Clean Air Act citizen suit provision (with its attorney fee and civil penalty provisions) to challenge transportation planning. Environmental Council of Sacramento v. Slater, 184 F. Supp. 2d 1016 (E.D. Cal. 2000).
  • We helped a major entertainment company obtain necessary approvals for a new theme park., including approvals for access to the regional transportation network. 
  • We successfully challenged a conformity approval for a major river-crossing on behalf of a Northern Virginia municipality, leading to the successful negotiation of numerous concessions from the federal project sponsors. 
  • As amicus curiae on behalf of trade associations, we contributed to the successful defense of EPA's approval of a Baltimore-area air quality plan. 1000 Friends of Maryland v. Whitman, 265 F.3d 216 (4th Cir. 2000).