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Nearly Half of Firms Have Received Loans, But Growing Number of Project Cancellations, Delays and Delivery Problems Imperil Industry; Association Leaders Call for Immediate Infrastructure Funding

In an April 15 ruling on Northern Plains Resource Council, et al. v. Army Corps of Engineers, the U.S. District Court for the District of Montana vacated (voided) the Army Corps of Engineers’ Nationwide Permit (NWP) 12 (in use on the Keystone XL pipeline project) on an Endangered Species Act procedural concern. The court stated, in part: “The Corps should have initiated ESA Section 7(a)(2) consultation before it reissued NWP 12 in 2017.” The court’s order prohibits the Corps from authorizing “any dredge or fill activities under NWP 12 pending completion of the [ESA Section 7] consultation process.”

On April 20, the Environmental Protection Agency (EPA) extended the public comment period for the 2020 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with industrial activity, also referred to as the “2020 Multi-Sector General Permit (MSGP).” The comment period was extended for 30 days, setting a new deadline of June 1, 2020. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by the changes. �鶹��ý has several concerns with the proposed permit and is working with a coalition to submit comments.

On April 21, the Environmental Protection Agency (EPA) and the Army Corps of Engineers’ Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register.

On April 22, �鶹��ý, along with four other organizations, was invited by the Senate Environment and Public Works (EPW) Committee to submit a written statement on two water-related discussion drafts released. America’s Water Infrastructure Act of 2020 would invest the nation’s water resources infrastructure and clean water infrastructure and the Drinking Water Infrastructure Act of 2020 would invest in the nation’s drinking water infrastructure. As part of its legislative process, EPW is soliciting feedback from stakeholders on the discussion drafts through May 1, 2020. Information on how to submit feedback can be found here. �鶹��ý is continuing to review the discussion drafts and encourages chapters and members to share their feedback on them.

�鶹��ý of America has been working tirelessly to provide members with valuable, relevant resources during the coronavirus (COVID-19) national emergency.

Weeks Marine, a contractor accused of Davis-Bacon violations, has finally prevailed in protracted litigation over its responsibility to reimburse workers for their actual lodging expenses. The U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) has ruled that the lodging primarily benefited the employees.

The National Labor Relations Board (“NLRB” or “Board”) has issued a final rule amending union representation-case procedures. The rule was published in the Federal Register on April 1, 2020. The effective date was originally set for June 1, 2020, but has been postponed to July 31, 2020, due to the national emergency caused by the coronavirus.

Temporary Non-Enforcement Period Ended April 17

OFCCP recently announced three new directives to help maximize the effectiveness of compliance assistance resources, increase accountability, and resolve federal contractor compliance evaluations more efficiently.