On August 21, AGC raised concerns with proposed changes to rules that govern the implementation of the Endangered Species Act (ESA) such as the designation of critical habitat (AGC comment letter) and the interagency consultations (AGC comment letter) that are part of the approval process for projects that involve federal permits or funding. The proposed revisions reverse reforms made by the prior administration to streamline the process, change key definitions and concepts, and introduce additional requirements, for example to offset any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ.
AGC’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. You and your colleagues are invited to take the next step in your AGC journey and join the volunteer pool. Complete or update the volunteer tab in your member profile by October 1 to let us know what volunteer opportunities you are interested in—such as AGC’s Environmental Committee. Beginning in 2024, there are both longer-term committee volunteer positions and shorter-term volunteer opportunities available. Make the time commitment that works for you.
Revised rule continues to follow principles rejected by the U.S. Supreme Court
The unprecedented wildfires that have devastated Lahaina and other parts of Maui the past few weeks have affected thousands of people in the island community. With the death toll, injuries, and the amount of damages rising, there is a strong desire from our members to help. The Maui Strong Fund was created to provide community resilience with resources for disaster preparedness, response, and recovery. The fund is currently being used to support communities affected by the wildfires on Maui. HCF is working in close collaboration with state and county leaders, nonprofit organizations, businesses, and philanthropists to get a clear understanding of the quickly evolving priorities for the Maui community. Donate Now!!
Agencies have delayed permits until changes are final
On August 1, the proposed rule on Sustainable Procurement was issued that will, among other things, require all federal agencies to prioritize the procurement of sustainable products and services “to the maximum extent practicable.” While the proposed rule largely consolidates existing requirements for federal agencies and federal contractors, the proposed rule allows for greater enforcement by contracting officers. Currently, federal agencies are required to ensure that 95 percent of new contracts use products or services that are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, or made with recovered materials. Additionally, the proposed rule directs federal agencies to follow EPA’s Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing. Public comments are due October 2, 2023.
The Biden Administration has proposed new changes to a suite of rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA). The proposed revisions reverse reforms made by the prior administration to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for projects that involve federal permits or funding. One change, in particular, would upend longstanding policy and require offsets to any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ. A summary of the proposed changes follows below.
The White House Council on Environmental Quality proposed rule ignores recent NEPA amendments included in the debt limit deal.
The House votes to repeal a U.S. Fish and Wildlife Service (FWS) rule. As a result of the rule, at least 3,000 projects already under construction will have to re-do their Endangered Species Act consultations, threatening schedules and even project feasibility.
Please join AGC of America on August 16, 2023, from 2:00pm ET to 3:00pm ET for a virtual townhall update on its climate change initiatives and discussion on carbon reporting and the construction industry. This virtual townhall will be open to all AGC members and chapters. There is no charge, but you must register to reserve a seat—click here.