State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report is a new paper, which continues the National Cooperative Highway Research Program's policy of keeping departments up-to-date on laws that will affect their operations. This digest addresses the civil rights issues that arise when public transportation officials plan highways and related projects that allegedly affect minorities or ethnic groups in a discriminatory way, in violation of Title VI of the Civil Rights Act of 1964. An important element of this discussion is whether transportation officials can be sued individually for alleged violations, and whether alleged violations can be pursued by private lawsuits. This report should be useful to administrators, attorneys, planners, engineers, and all other persons who might have an interest in this topic. The contents are presented in the following sections: (I) Introduction; (II) Discussion of Pertinent Environmental Justice Disparate Impact Provisions; (III) Scope of Liability Imposed by Environmental Justice Disparate Impact Provisions; (IV) Standing; (V) Nature and Burden of Proof Issues; (VI) Justifying the Disparate Impact; and (VII) Conclusion. This report may be accessed by Internet users at http://trb.org/publications/nchrp/nchrp_lrd_48.pdf
Samenvatting