I. Background

Since 1993, the American Road & Transportation Builders Association (ARTBA) has been the transportation construction industry's primary advocate in federal environmental litigation and regulatory actions, defending the industry's market interests against assaults launched by extremist groups like Environmental Defense and the Sierra Club and protecting the industry from overzealous regulators in the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers.

In 2000, a leader of the anti-highway movement, in testimony before the U.S. Senate stated, "In the struggle between proponents and opponents of a… [highway] project, the best an opponent can hope for is to delay things until the proponents change their minds or tire of the fight." Yet another anti-highway advocate said in a letter to like-minded followers, "Facts and reason are much less important than the amount of noise you can make..." As a result of these assaults on the transportation construction market, ARTBA has launched a four-pronged attack against these anti-highway groups: in the legislative arena, in the regulatory arena, in the arena of public opinion, and in the courts! The ARTBA team includes staff attorneys and consultants with special environmental expertise. It is supported by outside law firms.

Our legal advocacy program is a cornerstone of ARTBA's "Pride in Transportation Construction" campaign. The program is supported by voluntary contribution to the ARTBA Industry Advancement Fund.

In 1999, ARTBA expanded the scope of this effort, organizing a strategic litigation alliance for the industry, the Advocates for Safe and Efficient Transportation (ASET). ASET includes eight other organizations representing organized labor and the construction industry. ASET focuses on Clean Air Act conformity litigation brought by anti-growth groups to stop transportation construction improvement projects nationwide.

II. A Record of Success

ARTBA's direct actions and intervention in federal environmental policy and law have resulted in a number of major victories for the transportation construction industry. They include:

• Permanently stopping a U.S. EPA attempt to force communities that meet federal air quality standards to run their transportation planning process through the complex transportation conformity requirements of the Clean Air Act. No-growth groups routinely use the conformity process to delay or stop state and local highway programs and individual projects.
• Successfully challenging an attempt by the U.S. EPA and the Army Corps of Engineers to exceed their statutory authority and redefine what are allowable construction activities in wetland areas.
• Obtaining a first-ever federal court decision (in 2000) that the Sierra Club and its allies could not challenge a regional transportation plan under the "citizen's suit provision" of the Clean Air Act. The provision allows for the awarding of attorney fees to successful plaintiffs. Extreme environmental groups have been using this provision routinely across the nation to file cases to block highway projects. They use subsequently awarded tax dollars to mount additional anti-road litigation.
• Helping bring a legal challenge of EPA's proposed tighter standards for ozone and particulate matter all the way to the U.S. Supreme Court. While the Supreme Court ruled against industry, this action has delayed imposition of these scientifically questionable standards for several years. Tighter standards will automatically trigger transportation planning regulations that will delay or stop projects in virtually every state. The case has been sent back to the U.S. Court of Appeals for further action.
• Beating back a proposed injunction to stop dozens of road projects in California, setting potential legal precedent for other similar cases across the nation.
• Limiting the jurisdiction of the U.S. Army Corps of Engineers over wetlands. Under the so-called "Migratory Bird" Rule, the Corps tried to assert jurisdiction over any body of water used by migratory birds. In an opinion that ARTBA filed a "friend of the court" brief in, the U.S. Supreme Court ruled the Corps may only regulate "navigable waterways" and the Migratory Bird Rule reached way beyond the Corps' authority.

III. What Others Have Said About ARTBA's Litigation Program

"One of the strongest industry voices - especially in environmental regulatory actions and litigation - the American Road & Transportation Builders Association"

-Better Roads Magazine

"ARTBA is very adept at simply rolling up its sleeves and getting things done. They often work in a harsh political climate and their goals are...to serve the needs of the road building and transportation interests... They tackle tough political opponents like...the Environmental Protection Agency and the U.S. Army Corps of Engineers..."

-Construction Magazine