The laws exist because we, collectively, thought they were a good idea. They can be changed if/when we change our minds.
For this specific thing, the drag while proving lack of damage is the point. Once the road/rail/bridge/whatever is built, it's often too late to simply say "oops". That, plus industry has a well deserved reputation for ignoring the environment when it becomes inconvenient.
That attitude is the problem. They're supposed to represent you (or some approximation thereof) not tell you what to think. It's in the f-ing name.