If We Don't Represent Our Market Interests in Federal Court... Who Else Will?

When you provide financial support to any national association, the question you may ask is "What have you done for me lately?"

When it comes to protecting the federal transportation design and construction market from the "lawsuit assaults" of the Sierra Club, Environmental Defense and other anti-growth groups aimed at stopping highway improvement projects, the answer is easy. No other national organization has been more aggressive or gotten better results on the transportation construction industry's behalf than ARTBA.

Since 1902, ARTBA has successfully advocated strong federal investment in the nation's infrastructure system.  Since 1993, ARTBA has also been the industry's primary advocate on federal environmental litigation issues.

$50 Billion Success Story

ARTBA has invested more than one million dollars in defending threatened highway construction projects in court. And the return on that investment?

All told, ARTBA's legal advocacy program has allowed almost $50 billion in approved—yet challenged—U.S. transportation projects and plans to move forward.

ARTBA's advocacy litigation program has paid dividends for the transportation construction industry.  We have:

• Established in a court ruling the absolute legal right of a national association to represent its member's market interests in environmental litigation brought against federal agencies by "public interest" groups. This landmark decision deprives the Sierra Club and its allies of legal arguments designed to block ARTBA from obtaining "standing" in court proceedings or participating in court settlements involving transportation projects.
• Obtained a court-approved settlement with the U.S. Environmental Protection Agency (EPA) that prevents anti-highway groups from using the federal Clean Air Act's (CAA) transportation conformity provisions to tie-up projects planned for areas with no air quality violations—thus thwarting a major objective of no-growth groups and setting a national legal precedent.
• Won a first-ever federal court decision that prevents the Sierra Club and its allies from using the CAA's "citizen's suit" provision to block highway projects—setting a national legal precedent for other federal courts to follow.
• Helped obtain a U.S. Supreme Court ruling that began the legal process necessary to stop the U.S. Army Corps of Engineers and U.S. EPA from extending federal wetlands regulations affecting construction to sites beyond those defined in law by Congress.
• Successfully challenged a proposed state regulation in Texas—the first attempt of its kind in the nation—that would have banned morning use of heavy construction equipment as part of an air quality plan.
• Established legal arguments in federal court that challenge the use of the loosely-defined concept of "environmental justice" by private citizens to delay or stop proposed transportation improvement projects.
• Helped remove a legal block on a major highway project in Las Vegas that was already under construction—successfully arguing that the project will provide environmental and safety benefits ignored by project opponents.
• Helped provide legal clarity on technical challenges brought by opponents of major transportation plans in Georgia and California that allowed plans to move forward to construction.

You Can Help

ARTBA needs your help to ensure that it has the financial resources necessary to continue its aggressive legal advocacy program. With the upcoming 2009 highway/transit investment bill, the industry should expect the well-financed professional environmental groups to—once again—use litigation as a tool to prevent full implementation of the law and delay funding for new transportation improvement projects.

Please contact ARTBA Assistant General Counsel and Director of Regulatory Affairs Nick Goldstein or via phone at 202-289-4434 to learn more about how you can help.