The environmental review process was singled out as one of the most significant impediments to private sector participation in the development of transportation projects. Commenters believe that the current process is fraught with delay and uncertainty, both of which serve as a deterrent to private investors. As a result, some private investors have made a blanket decision not to invest in a project prior to the completion of the environmental review process.
To overcome this obstacle, two commenters suggested revising the Federal environmental regulations dealing with conflict of interest. Current regulations are perceived to limit severely the involvement of the private sector or public-private partnership team in the development and compilation of the environmental document. A change in regulation and practice to permit the involvement of the private sector in the preparation of environmental documents would allow the public-private partnership team to share in the inherent risks at this project decisionmaking stage and costs for the environmental review. Another commenter noted the involvement of the public-private partnership team with the preparation of the environmental document would allow for those designing and building the facility to have a better understanding of the project's environmental needs.[329]
A number of comments suggested streamlining the process by changing the way Federal agencies address the environmental permitting process. It was suggested that the process could be further streamlined if Federal resource agencies would work with the private sector and develop a coordinated streamlined review strategy that takes into account the estimated costs and time to deliver a project.
Specific suggestions on improving the environmental process are set forth below. These suggestions are organized by the degree of change they require, i.e., administrative, regulatory, or statutory.