Earlier this year, AGC of America filed a coalition amicus brief with the U.S. Supreme Court, supporting a water utility sector’s request for the Court to clarify whether Clean Water Act (CWA) NPDES (National Pollutant Discharge Elimination System) permits can include generic prohibitions. AGC members have noted these generic prohibitions in permits nationwide. This language does not provide a compliance path for permittees and exposes them to enforcement, criminal penalties, and citizen suits for activities that conform to the permit. On May 28, the Court issued an order granting certiorari, meaning it will hear the case.

On May 17, AGC and its coalition peers responded to a recent White House Office of Management and Budget (OMB) request for feedback on methods and practices for advancing public participation and community engagement (PPCE). The comments urge the agency to recognize the importance of engagement with the regulated community, enhance participation and accessibility, and improve transparency.

On May 22, the Senate Committee on Environment and Public Works passed the AGC-backed Water Resources Development Act of 2024 (WRDA 2024).

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The White House Council on Environmental Quality’s (CEQ) final rule, “National Environmental Policy Act (NEPA) Implementing Regulations Revisions Phase 2” (published May 1), earned swift rebuke from the Congressional leaders behind the permitting reforms in the Fiscal Responsibility Act (FRA). AGC echoes their concern that the rule will only exacerbate the permitting process, lead to more lawsuits, and delay projects further. The rule is likely to face action under the Congressional Review Act.

On Friday, April 26, the U.S. Environmental Protection Agency (EPA) once and for all denied a 2014 petition filed by the Center for Biological Diversity (CBD) to list discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). AGC has previously reported on this issue when AGC submitted comments to the EPA, and when there was a tentative ruling from EPA siding with AGC. This win comes in a large part thanks to the nearly 2,000 AGC members who took action and encouraged EPA not to move forward with regulating PVC.

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Newly final rule expected to trigger third-party lawsuits