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MAY 31 UPDATE: �鶹��ý-backed lawsuits have now halted the Biden administration’s WOTUS rule in 27 states. The Supreme Court has also weighed in and delegitimized the “significant nexus” test that the agencies used in the Biden administration’s WOTUS rule. Check out the updated �鶹��ý articles on the states where the rule is blocked and on the May 25th decision from the Supreme Court.

�鶹��ý is pleased to announce the appointment of new members to serve on its Environmental Committee. Members of the committee have direct access to federal regulatory officials, influence over �鶹��ý’s environmental agenda, and a means to exchange valuable information with one another and industry peers. Join us in welcoming the new members.

�鶹��ý Tells EPA Why Contractors Need Protection from Superfund’s Liability Framework

On March 28, �鶹��ý responded (via individual and coalition comments) to the U.S. Environmental Protection Agency’s (EPA) premature revision to the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). �鶹��ý supports the establishment of reasonable air quality rules that are necessary, based on sound science and measurably improve public health. However, this proposal would greatly increase the stringency of the PM NAAQS ahead of schedule, without clear justification in the science, and contrary to the Administration’s commitment to improve infrastructure and create jobs. Geographic areas that cannot meet these standards could face sanctions, such as a loss of federal highway funding or inability to permit new projects. �鶹��ý urged EPA to retain the current standards and highlighted a concern that states—in an attempt to meet the standards—may place restrictions on the use and operation of diesel equipment, which are, in essence, construction bans.

The U.S. Environmental Protection Agency (EPA) recently released the Spanish language version of its Construction Inspection Training Course. (The English version of the training is online here.) Construction site operators permitted under EPA’s 2022 Construction General Permit (CGP) are required to ensure that any individual conducting site inspections is a “qualified person.” The 2022 CGP includes new requirements for qualified persons that apply to all sites that receive permit coverage on or after February 17, 2023. After this date, an individual may be considered a qualified person only if they:

Digital, Video and Printable Versions of the Annual Report are now available at report.agc.org

�鶹��ý of America and other business groups jointly submitted an amicus brief at the U.S. Supreme Court on March 3 in support of a land developer’s request for review of a Fourth Circuit Court of Appeals’ decision that allows citizen enforcement even when the state environmental agency has begun enforcement for a Clean Water Act (CWA) violation.

The House Transportation & Infrastructure Committee advances �鶹��ý-supported legislation to repeal a new Waters of the U.S. (WOTUS) rule that would expand federal permitting jurisdiction over wetlands and more construction projects.

Public and private project owners are increasing looking for ways to reduce their climate change impacts. Likewise, communities and property owners want to protect their assets from extreme weather and natural disasters. To meet these owner demands, contractors must consider using new project delivery means and methods that come with new risks stemming from new designers/subcontractors, new construction materials/products, and new equipment. Join us on March 28 and April 4 for a two-part webinar series to look at the climate change impacts on construction trends and strategies for success. Register here! (�鶹��ý Member Price $69 | Non-member Price $119)

Register now for this two-part series beginning on March 28 that will examine trends for sustainability and resiliency, drivers, risks, and strategies for success in reducing the environmental footprint of the built environment while also protecting assets from extreme weather and natural disasters.