On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an AGC-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.

Trump Administration Proposal to Reform the Federal Environmental Review Process Will Fix Problems with Current Process While Maintaining Environmental Rigor, Construction Officials Say

On Jan. 9, AGC urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. AGC further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. AGC also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.

On Jan. 9, the White House Council on Environmental Quality (CEQ) proposed important steps to streamline the National Environmental Policy Act (NEPA) process, which can be a circuitous, time-intensive, and costly environmental review step for many infrastructure projects. AGC is pleased the proposal appears to set clear timelines for completing reviews as well as clear up ambiguous wording and definitions that have led to litigation and delayed projects over the years – steps recommended by AGC in the prior comment period.

From the final rule to replace the repealed 2015 definition of Waters of the United States and a proposal to reform the National Environmental Policy Act procedures, to addressing the take of migratory birds and issuing regulatory determinations for per- and polyfluoroalkyl substances (PFAS); the most recent Unified Agenda shows the agencies striving to complete some of the Administration’s biggest environmental policy goals.
Congress considered adding to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) controversial language to regulate all per- and polyfluoroalkyl substances (PFAS).
Deadline to apply is February 26, 2020
Each year, AGC seeks nominations for qualified and motivated individuals from the AGC Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in AGC of America’s environmental advocacy, education and outreach efforts?
For the eleventh year in a row, AGC of America has been named as one of the nation’s top lobbying operations by Capitol Hill newspaper The Hill. The publication’s annual ranking of top lobbyists lists AGC CEO Steve Sandherr as a top lobbyist. Sandherr said the listing is a really an acknowledgement of the quality of the association’s government relations team, noting that the team secured $7.6 billion in federal highway funding that Congress had planned to cut, a disaster aid package with billions of dollars dedicated to rebuilding impacted communities, and regulatory reforms to lower the bureaucratic burden on the industry, among other accomplishments this year.

Guest Article by Anthony Kane, ISI - Resilience is a key component of sustainability where as an industry we have made significant advancements in recent years. In 2015 when the decision was made to begin work on a new version of Envision—the sustainable infrastructure framework—the primary driver was the industry’s expanding and evolving understanding of resilience. In April 2018, after three years of development, the Institute for Sustainable Infrastructure released Envision v3 with a significantly expanded focus on how infrastructure should address both short-term shocks (hurricanes, wildfires, etc.) and long-term stressors (sea level rise, aging infrastructure, aging populations, etc.).