DOT Removes Equity, Environmental Factors from IIJA Funding

The U.S. Department of Transportation (DOT) has rescinded a Biden-era policy that incorporated environmental and social equity considerations in the funding decisions for federally funded infrastructure projects. This change, announced in a memo on Monday, removes two key Federal Highway Administration memos issued in 2021 and 2023 titled "Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America."

Under the previous policy, former President Joe Biden's administration had advised state and local agencies receiving funds from the 2021 Infrastructure Investment and Jobs Act (IIJA) to prioritize projects that aligned with equity and environmental objectives. However, the new memo clarifies that these considerations will no longer influence DOT program decisions.

This policy change marks the latest move by the Trump administration to reverse key initiatives from Biden's presidency. Earlier, the DOT had authorized actions aimed at advancing President Donald Trump’s agenda to “rescind woke policies” and rollback regulations that were viewed as restrictive.

For example, in January, the DOT announced it would prioritize grants for “communities with marriage and birth rates higher than the national average.”

Transportation Secretary Sean Duffy criticized the Biden-era policy of factoring in social and resilience issues when awarding funding. He called it "an act of federal overreach."

“Under President Trump’s leadership, the Department of Transportation is getting back to basics — building critical infrastructure projects that move people and move commerce safely,” Duffy said in a statement.

The Removed Biden-Era Guidelines

The Biden administration’s guidance, which is now rescinded, directed the Federal Highway Administration to:

• Promote safety for all road users, with a focus on vulnerable groups.
• Support expedited project delivery through the One Federal Decision framework for efficient environmental review.
• Ensure transportation facilities comply with the Americans with Disabilities Act (ADA).
• Address environmental issues such as stormwater runoff and greenhouse gas emissions and prioritize resilient infrastructure in response to climate change.
• Accommodate emerging technologies like electric vehicle charging stations, renewable energy, and broadband deployment in transportation rights-of-way.
• Reconnect communities and involve disadvantaged and underrepresented groups in the planning and design of projects.

While the rescinded memos recognized that “States determine which of their projects shall be federally financed by Federal-aid highway formula dollars,” the policy guidance has now been removed from the DOT website, reflecting the new direction under the Trump administration.

Originally reported by Julie Strupp in Construction Dive.