Court Ruling Puts 2015 WOTUS Rule in Effect in 26 States

AGC Supplies Recommendations to Streamline NEPA Procedures

AGC Supports Agency Move Towards Greater Transparency in Regulatory Science

AGC and other industry allies recently urged the Senate Environment and Public Works Committee to advance a new bill that would help prevent states from improperly delaying infrastructure projects based on water quality certifications.

Hear Regulatory Updates from Federal Agencies and Industry Experts

As a result of a federal court ruling on August 16, the Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which expands federal environmental permitting jurisdiction involving wetlands—is now in effect in 26 states (listed below). AGC published an in-depth look at the 2015 WOTUS rule when it was finalized. The association will provide its membersadditional guidance in the coming days, but we caution a measured approach for the moment as this issue is still developing and the situation may change again in short order.

In an August 13 letter to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers, AGC reiterates support of the agencies’ efforts to repeal and replace the 2015 “Waters of the United States” (WOTUS) rule while maintaining the current regulatory “status quo” in the interim. The construction industry depends on receiving Clean Water Act permits in order to secure financing and approval to construct new projects. AGC urges the agencies to provide continuity and predictability for near-term business planning under the current framework while they continue to work on the next steps.

In an August 13 letter to the U.S. Environmental Protection Agency (EPA), AGC says that consistent and transparent cost-benefit analysis can improve regulations and limit arbitrary and capricious decisions. The construction industry is extensively regulated by the agency; and EPA regulations account for most of the annual estimated benefits and costs of all major federal regulations. AGC urges the agency to apply cost-benefit analysis principles to the maximum extent possible under law and consider the full range of costs imposed on small businesses.

U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler faced members of the Senate Environment and Public Works Committee at a hearing on Aug. 1 regarding EPA’s agenda.

In line with an AGC recommendation, on July 27 the Fish and Wildlife Service withdrew two policies from 2016 regarding mitigation and Endangered Species Act compensatory mitigation — indicating that the Service lacks the authority to require the "net conservation gain" goal that underpinned the policies. AGC submitted comments to the Service earlier this year on these policies and urged the Fish and Wildlife Serve to remove the net gain goal, stating that it goes above and beyond the law.