The Pros and Cons of FAST-41
Title 41 of the Fixing America’s Surface Transportation Act, 42 U.S.C. § 4370m et seq., commonly known as the FAST-41 program, provides a set of tools to help coordinate the environmental processing and approval of most major infrastructure projects.
While not perfect, even presenting certain disadvantages at times, it is worthy of study. FAST-41 can lead to a variety of benefits, including a more predictable permitting path, increased accountability and coordination among federal agencies, and certain legal protections.
In the end, any potential FAST-41 project applicant should spend the time and resources to weigh the pros and cons of obtaining FAST-41 coverage. That coverage may help achieve the often-elusive goal of corralling disparate agencies and timelines for essential infrastructure projects, all without compromising the depth and integrity of the NEPA process.
About the Co-Authors: Nathan Eady is a vice president/project director, and land-use planner for SCS Engineers. He provides both technical and managerial support for various environmental, regulatory, and land-use projects. He is also SCS’s National Oil and Gas Expert and an expert in the safe permitting of plants and facilities. Mr. Kane, P.E., J.D. is president of P3 Collaborative LLC; Mr. Marsh is a Partner at Downey Brand LLP; Mr. Veasy is a senior associate at Downey Brand LLP.