An AGC-backed lawsuit has led the U.S. District Court for the District of North Dakota to issue a preliminary injunction of the Biden Administration’s 2023 “Waters of the United States” (WOTUS) rule in 24 states (see below) on April 12. Adding to the two-state injunction the association secured from a Texas court as well as a preliminary injunction in Kentucky (AGC of Kentucky joined the Chamber of Commerce on that case), the 2023 WOTUS rule is now temporarily blocked in over half the country: 27 states in all.

The U.S. Environmental Protection Agency (EPA) is working on new programs to standardize the use of environmental product declarations (EPDs) and develop a low-carbon emission construction materials program as specified by the Inflation Reduction Act (IRA). EPDs provide data on the environmental attributes of a product and are a tool to support “buy clean” programs that mandate the use of low-carbon materials. Buy clean programs are new and untested. On May 1, AGC provided written feedback to EPA that urges a measured approach to reduce any negative impacts on the supply chain and encourages innovation. AGC highlighted the need to control the risks that arise when deviating from traditional roles and materials on projects, as well as, the importance of incentivizing markets while safeguarding materials’ performance.

Check out learning opportunities for environmental and sustainability professionals

First place awarded to Alec Kalogeropoulos from Roger Williams University

All of the photos from the 2023 AGC of America Annual Convention are now available via our online photo portal. The photos are organized in albums based on each session and can be downloaded the photos right from the site. Thanks to everyone who attended the 2023 Annual Convention in Las Vegas, their support and engagement helped make the event a big success. We hope to see all you next year at our 2024 Annual Convention in San Diego from March 20-22, 2024!

With bipartisan support, the Senate passes AGC-backed legislation to repeal a new Waters of the U.S. (WOTUS) rule expanding federal permitting jurisdiction over wetlands and more construction projects, bolstering AGC litigation—which has expanded to 26 states—against the rule.

*****MAY 31 UPDATE: AGC-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 AGC articles on the states where the rule is blocked and on the May 25th decision from the Supreme Court.*****

AGC 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 AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. Join us in welcoming the new members.

AGC Tells EPA Why Contractors Need Protection from Superfund’s Liability Framework