Texas
Should States Like Texas Be Allowed to Grade Their Own Highway Homework? — Streetsblog USA
In late October, protestors in Houston watched as officials wheeled a trough out into the middle of St. Emanuel Street and each scooped out a ceremonial shovelful of sand.
The officials were ostensibly there for a symbolic groundbreaking for the North Houston Highway Improvement Project, which will widen or rebuild around 25 miles of Interstate 45 in the heart of Texas’s largest city. For the protesters, though, the bulldozers that loomed in the background of that photo-op were a very real threat of the harm soon to come to St. Emanuel Street, and the estimated 1,079 homes, 344 businesses, five places of worship and two schools that will be razed to make way for the highway.
“Half of that street is going to be gone,” added Erin Eriksen, an organizer with Stop TxDOT I-45. “Half of those businesses are going to be torn down. And TxDOT was basically thumbing its nose at these places that were going to be destroyed because of this project.”
According to official analyses, though, the destruction of St. Emanuel Street and so many like it isn’t enough of an “environmental impact” to justify canceling the I-45 project, even though it will dramatically exacerbate pollution, flooding, and inequality in the disproportionately low income communities of color through which the expansion will largely run.
And that’s probably because the Texas Department of Transportation wrote those official analyses itself.
‘A fox guarding a hen house”
Thanks to a little-known loophole in federal law known as the “NEPA assignment” program, DOTs from Texas and six other states — Alaska, Arizona, California, Florida, Ohio, and Utah — are temporarily “assigned” the responsibility of conducting what are normally federally overseen environmental assessments (the states must reapply every five years when their authority expires. Texas’s authority expires this year, and members of the Texas Streets Coalition are urging advocates to comment on whether it should be rescinded before Dec. 9.)
In theory, NEPA assignment is supposed to help responsible state DOTs build projects quickly, without having to wait on a single understaffed federal agency to work through a backlog of proposals from across the country before giving the green light on simple repaving or repair. Some argue that it also gives environmentally progressive states an opportunity to conduct an even more thorough analysis than the feds would do on their own.
In car-dominated Texas, though, NEPA assignment is essentially a “fox-guarding-the-henhouse situation” — and its consequences shouldn’t be surprising to anyone, argues Heyden Black Walker of Reconnect Austin.
In Walker’s native Austin, for instance, advocates say that Texas DOT misleadingly “segmented” the expansion of a single intestate known as I-35 into three smaller projects along the exactly same road, hiding the staggering impacts the expansion would have for the region on the whole — and, advocates say, violating federal law. Walker says the “9,000 pages” of official documents about the project also didn’t adequately consider the highway’s impacts on air pollution, and failed to study whether railway investments could address the same problems the expansion was meant to solve.
That the I-35 expansion received even that degree of scrutiny, though, is something of an outlier.
Texas activists found that between 2015 and 2022, only six TxDOT projects receive a full-blown “environmental impact statement,” an exhaustive process that details exactly how the agency will mitigate the harm it will cause. A staggering 130 projects, by comparison, only received a far-simpler “environmental assessment,” all of which resulted in a “finding of no significant impact,” or FONSI, which is pronounced like the shark-jumping character on “Happy Days.”
Cumulatively, though, those “insignificant” projects displaced a stunning total of 477 homes and 376 businesses, and consumed $24 billion. And advocates say that lack of oversight is particularly damning for a state that would rank eighth in the world for carbon dioxide emissions if it were a country, and that polluted nearly twice as much as second-ranked California in 2019.
“The things that NEPA was intended to protect us from — from inordinate displacement, from worse air quality — Texas is failing on all of those metrics,” said Peter Eccles, director of policy and planning at LINK Houston, a transportation advocacy group. “Since TxDOT entered NEPA assignment in 2014, displacements have skyrocketed across Texas, dwarfing the national average in terms of how many households are displaced for freeway projects, as well as the number of counties that are no longer in attainment for criteria pollutants. … It’s not working as intended.”
If the federal government was conducting the NEPA process, advocates argue that Texas might face stricter parameters for what constitutes a “significant” impact of a highway project, rather than letting the state write off families losing their homes and residents getting sick as unfortunate but necessary evils. And maybe, bad projects might even be stopped before they start.
“TxDOT is setting up its own environmental reviews, setting its own parameters, and then self-grading its own performance by the parameters that it sets,” said Bobby Levinski, an attorney with the Save Our Springs Alliance. “And we don’t have that federal oversight that used to exist where, if you did have a disagreement over what the current state of the science is, [you might have] a technical expert at the federal level who could say, ‘No, you didn’t quite do a good enough job looking at, say, this air quality aspect.’
“That check no longer exists,” he continued. “And at the end of the day, they’re going to give themselves an ‘A.’”
NEPA Assignment Under Trump
Levinski and the rest of the coalition acknowledge that some might be wary of handing environmental power back to the federal government — especially with Trump returning to the White House.
Project 2025, which many believe will serve as the incoming president’s playbook, promises to restore regulations limiting environmental review that Trump put in place the last time he was in office, as well as “frame the new regulations to limit the scope for judicial review of agency NEPA analysis and judicial remedies.”
Advocates in Texas, though, say they’re already living in a world where NEPA has been badly watered down — and because of their state’s special authority, Washington was powerless to intervene. Restoring federal oversight, they argue, is a critical first step to making things right, followed by voting in a presidential administration that takes NEPA seriously.
“Here in Texas, we’ve been facing basically a mini-Trump administration, anyway, with our governor,” said Katy Atkiss, facilitator for the Texas Streets Coalition, referring to Gov. Greg Abbott. “He appoints the Texas Transportation Commission, which is basically five old white men — none with transportation experience. So I feel like we’ve been working in a similar environment anyway. We’ve had several conversations with DOT and other federal representatives throughout the course of of the year, and while they are extremely sympathetic, basically, they said, ‘We believe you, but there’s nothing we can do.’”
Until Texas’s NEPA assignment is revoked, all advocates can do is sue to stop bad projects — though with the president picking many of the judges, that’s an increasingly bleak prospect, too.
“With Trump being in office, the courts aren’t getting easier either,” added Levinski. “[And] making the public be the enforcer of NEPA, I think, puts a big onus on the residents of Texas to go up against the giant Goliath that is TxDOT on every single case. … We need some sort of measure of oversight. You can’t just write off the entire state of Texas.”
The members of the Texas Streets coalition acknowledge that getting their state’s NEPA assignment revoked won’t be easy — and if it can’t be done, they hope USDOT will at least make some common-sense changes.
The state might still be allowed do its own environmental assessments, but not on massive highway projects that displace hundreds of residents. The feds also might force the DOT to wait at least 30 days to collect public comment after they make changes to their plans, or submit to “an annual NEPA compliance audit” to ensure they’re not flouting federal laws. At a minimum, they could acknowledge that granting states like Texas the ability to do their own environmental review even as they’re suing to hide their greenhouse gas emissions from the public seems like a pretty obvious flaw in the system.
At the end of the day, though, advocates say we need to address the shortcomings of NEPA itself, which still doesn’t factor in the power of induced demand — and still offers all states too many opportunities to build destructive highways, even when the federal government is grading their projects.
“I think that NEPA assignment and its abuses by TxDOT are a symptom of the larger failings of NEPA as a whole,” added Eccles. “NEPA was very well intentioned at the time [it was written], but certain states like TxDOT have gotten very good at gaming it to rubber stamp projects that they want to do regardless. Contrast that with the NEPA burden that the Federal Transit Administration puts on transit projects; it’s much more rigorous, and it ends up slowing down those projects significantly. We need to have a clearer picture of what projects benefit the environment and which projects harm it.”
For more than a year, high-profile Texas Republicans have argued that Muslims are secretly plotting to take over Texas, centering their outrage on the East Plano Islamic Center, a mosque and Muslim community in North Texas known as EPIC. That hysteria resulted in a range of government enforcement actions last year, including a probe by the Texas Funeral Service Commission that barred EPIC from performing funeral rites. Last July EPIC sued the state, alleging Texas had violated its religious freedom. Late Wednesday, a federal judge in the Western District of Texas ruled that the mosque’s lawsuit can proceed despite the state’s attempt to dismiss it. In his ruling, the judge also issued a strong rebuke to claims made by Governor Greg Abbott and other state officials, writing that “no evidence has been presented” that EPIC intends to impose “Sharia law,” Islamic teachings based on the Quran and words of the Prophet Muhammad, on Texans.
The case stems from last March, when the funeral commission issued a cease and desist order that barred the mosque from performing traditional cleansing, shrouding, and prayer over bodies, on the grounds that EPIC may have been unlawfully conducting such rites without a license. (EPIC denies this allegation.) As Texas Monthly has reported, the agency was pushed to issue the order by some of Abbott’s closest advisers, who had made unsupported claims that EPIC and a proposed housing development it was affiliated with, EPIC City, was building a “no go zone” exclusive to Muslims (it was not).
EPIC sued the funeral commission in July 2025, arguing that the cease and desist order was an unconstitutional prohibition on religious practices. In Islam, preparing bodies for funerals stands as one of the most sacred rites; by the time of EPIC’s lawsuit, according to the petition, at least eleven congregants had been forced to receive rites elsewhere—away from their home mosque.
EPIC later amended its lawsuit to include former funeral commission chair Kristin Tips after text messages were released showing she had shared anti-Muslim messages and videos as the agency’s investigation unfolded. Among the examples was a graphic Tips had sent to the commission’s then–executive director, Scott Bingaman, that accused Islam of allowing child marriage and pedophilia. After sending it, Tips texted Bingaman a YouTube video with the title: “EPIC CITY TEXAS! Are Muslims planning a TAKEOVER?”
For nearly a year, the case has been locked in a procedural back-and-forth as Tips and the agency—represented by Attorney General Ken Paxton’s office—have pushed for the court to dismiss the case. Late Wednesday evening, Judge David Alan Ezra, a Ronald Reagan appointee, issued an order denying Tips’s attempt to dismiss the lawsuit. He also rejected Tips’s claim of qualified immunity, which can shield government officials from personal liability in civil cases. That rejection is rare in courts, such as this one, that appeal to the Fifth Circuit, which is one of the most conservative federal appellate courts in the country and is typically welcoming to government defendants.
In his ruling, Ezra cited the funeral commission’s deviation from historical norm in the EPIC case, as the agency has repeatedly asserted—first in 1987 and again in 2014—that Islamic religious organizations could conduct funeral and burial services without government oversight. The judge also affirmed that the alleged conduct—including the cease and desist order and Tips’s anti-Muslim messages—was seemingly “the result of religious discrimination” that violated EPIC’s clearly established religious rights under the Constitution’s Equal Protection Clause and other laws protecting religious liberty. In a rather remarkable footnote, the judge added that, based on the evidence offered, the court firmly rejected claims “suggesting that EPIC has applied, or intends to apply, ‘Sharia law’ in its practices.”
Though the case will now continue to wind through the courts, the judge’s ruling is a firm rebuke of the anti-Muslim political hysteria fueled by Abbott and his team of advisers. As Texas Monthly reported this month, the governor’s inner circle took an unusually active role in the funeral commission’s regulatory case against EPIC. After being looped into the agency’s pending investigation, which stemmed from an April 2024 complaint levied by a private individual, the governor’s attorneys, including Abbott’s general counsel, Trevor Ezell, edited the boilerplate cease and desist order the commission was ready to issue to make it more severe and punitive.
The original document, drafted by a funeral commission staffer, included a line warning that noncompliance would result in the agency taking “legal action.” Abbott’s team struck that line and suggested replacing it with a “criminal referral” to the Collin County district attorney—in what amounted to a hijacking of the agency’s usual independent regulatory process. At one point, a close adviser of Abbott even reported to a commission staffer that Abbott had texted him that after the cease and desist order was sent out, the funeral commission was his new favorite agency.
Over the following months, the governor’s advisers, including Ezell and a budget and policy adviser, Alex Aragon, weighed in often on the EPIC probe, requesting regular updates, coordinating public statements, and, at times, directing regulatory action. When the agency investigated other cases—such as a high-profile incident in which a Dallas funeral home allegedly accidentally shipped a stillborn baby to a Louisiana laundry facility—the governor’s team exhibited no similar interest. More than a year after the funeral commission’s cease and desist order, its investigation remains ongoing. No violations have been found.
Tips, the agency’s former chair, led the funeral commission until March 12, when, according to an email obtained by Texas Monthly, she “prayerfully” resigned, effective immediately, late in the night. While the circumstances around her departure remain unknown, she had spent months under fire for allegations that she had illegally lobbied for tort reform in her position as chair, which she denies. But in her absence, the governor’s pursuit of EPIC has continued. In March, the funeral commission issued a broad new subpoena to EPIC, seeking every record of funeral services that the mosque has on file.
After EPIC’s attorneys pushed back, arguing the order was too large in scope, Paxton’s office got involved—issuing a letter that demanded EPIC comply. Meanwhile, Abbott has continued his crusade against the mosque, going on Fox News earlier this week to deride EPIC and what he alleged were “multiple violations” of the law. The governor has touted that a dozen state agencies have investigated EPIC. To date, no criminal charges have been filed against the mosque, and a federal probe into EPIC by the the Department of Justice was dropped with no findings of malfeasance.
The NHL took the first step toward expansion in Texas earlier this week, agreeing to terms with billionaire Dan Friedkin and his family to explore the feasibility of putting a franchise in Houston or Austin.
Far enough from the Dallas Stars, who relocated from Minnesota in 1993, a new team would not interfere with their territorial rights. And the league has shown no fear of adding one team at a time, so No. 33 does not have to come with No. 34.
“Symmetry I don’t think should necessarily govern expansion,” Commissioner Gary Bettman said Tuesday. “You expand if you think it makes sense and enhances what the league has.”
What is behind the NHL’s interest in Texas
Money is the obvious answer. Bettman said the total investment of the project would be some $3.5 billion, which would include expansion fees paid to established owners along with the cost of building a new arena.
The Houston Rockets’ arena downtown is publicly owned but controlled by team owner Tilman Fertitta’s Clutch City Sports and Entertainment group. The home of the American Hockey League’s Texas Stars, in the Austin suburb of Cedar Park, has a capacity of 8,000 that is a little over half the size of the NHL’s smallest current rink (Winnipeg).
“I would be surprised if the NHL would be OK with an expansion team that does not have a new arena,” said Brian Mills, an associate professor at the University of Texas who teaches courses on sports economics and strategy. “The revenue potential with the luxury boxes and the way that they set those up and the money that they like to extract from the local cities is way too large to pass up.”
They are also huge markets. Houston at nearly 2.4 million is the fourth-most-populated U.S. city; Austin at just over 1 million is in the top 12.
“Obviously it makes sense if you’re a sports league to have a franchise in the nation’s fifth-largest metro area and one that is growing rapidly,” said Holy Cross professor Victor Matheson, an expert in sports economics. “Houston obviously makes sense in general as a destination for any league.”
Austin is smaller but has doubled its population since the mid-1990s and has seen an infusion of people over the past five years. Only eight of the NHL’s existing markets are bigger.
“It’s becoming more and more of a tech city, so I wouldn’t be surprised if there’s more hockey fans here than there used to be,” Mills said. “I would imagine there’s some market for the NHL here in Austin, particularly more than when it was a sleepy, small town capital of Texas 30 years ago.”
History of hockey in Houston and Austin
When hockey was picking up in popularity in the 1960s and ‘70s and the NHL went from six teams to 18, the rival World Hockey Association was founded and Houston got a franchise when the one in Dayton, Ohio, failed to get off the ground.
The Aeros’ inaugural season was in 1972-78, and they were best known for “Mr. Hockey” Gordie Howe playing for them along with sons Mark and Marty. They won four Avco World Trophies as WHA champions before folding.
An AHL team using the same name existed in Houston from 1994-2013. The Texas Stars have played in Austin since ’09.
“There’s some interest of hockey,” University of Houston economics professor Steven G. Craig said. “Houston is full of immigrants from around the country and around the world. And Austin is sort of similar in the sense of a pretty heterogeneous population.”
Pros and cons of a Houston or Austin NHL franchise
Growing the sport in another so-called non-traditional spot is a big benefit. Smashing successes in places like Las Vegas and Tampa, Florida, show what hockey can do across the Sun Belt when strong ownership is involved.
“Southern cities have been doing pretty well now these days in the NHL: the Lightning and the Panthers,” Mills said of the two teams in Florida. “You’ve got some pretty good hockey teams after some pretty miserable failures with some earlier expansion to the South.”
Abandoning the second try in Atlanta (the Thrashers from 2000-11) was more a failure of ownership than the market. The same could be said in Arizona, where a revolving door of owners led to arena miscues and eventually the Coyotes being sold and moved to Salt Lake City in 2024 to become the Utah Mammoth.
A 33rd team also means 20-23 more NHL players and hopefuls in the minors. The changing landscape of hockey development at the junior and college levels has the potential to churn more talent through the pipeline in North America than ever before, along with players coming from Europe.
“You do have a pretty big pool of players,” Matheson said. “I’m not particularly worried about diluting the talent there because I think there’s a lot of skill.”
What’s next and where the 34th team may be
After this six-month exploratory phase is complete, recent history suggests a season-ticket drive would be one of the subsequent steps. Ticket drives validated interest that led to the Vegas Golden Knights and Seattle Kraken.
The Board of Governors would need to approve moving forward in the process. No vote has yet been held, though the executive committee supported exploring Houston and Austin.
And while the NHL is comfortable with unbalanced Eastern and Western conferences, getting to 34 teams seems inevitable if it goes to 33. Bettman said the board on Tuesday was updated on situations in Atlanta and Arizona, and it would be no surprise if one of those places got another crack at it.
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