House Transportation Committee Considers Environmental Streamlining

On Jan. 5, AGC urged the U.S. Fish and Wildlife Service (FWS) to remove the goal of “net conservation gain” from the Service’s Mitigation Policy and Endangered Species Act (ESA)–Compensatory Mitigation Policy, finalized in late 2016. AGC asserts that that the “improvement” goal is not supported under the ESA; the goal fails to provide a clear limit on how much mitigation is necessary and blurs the line between recommendations and requirements.

AGC called on the U.S. Environmental Protection Agency (EPA) to apply federally approved “Recommended Best Practices for Environmental Reviews and Authorizations for Infrastructure Projects” in delegated states that EPA has authorized to implement and enforce a federal environmental permit program. In response to EPA’s request for input, AGC’s Nov. 20 letter explains that where states have taken over the responsibility for executing federal authorizations and environmental reviews, the obligation to use best practices should transfer to the state permitting authority. A majority of states have been delegated authority to implement and enforce one or more provisions of the federal pollution control laws.

AGC commented this week on three separate Federal Highway Administration (FHWA) regulatory proposals to expedite project delivery by streamlining the federal environmental review process. The FHWA proposals implement various AGC supported provisions in the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America’s Surface Transportation Act (FAST Act), intended to make the National Environmental Protection Act (NEPA) procedures work better. In one proposal, AGC supported the state of Arizona taking responsibility for undertaking part of the NEPA review process and in so doing eliminating federal review. Eight states have or are seeking assignment of this review authority and AGC’s comments pointed out that FHWA and these states report significant reduction in the time it takes to complete the NEPA process. FHWA’s report indicates that states that have undertaken this responsibility have, “a greater awareness, understanding, and opportunity for improving environmental outcomes.”

For AGC’s most recent episode of the ConstructorCast, we sit down with Leah Pilconis, AGC’s Senior Counsel of Environmental Law, to talk about the complex world of environmental permitting and what AGC is doing to try to make it easier for construction companies. Our discussion examines the breadth of requirements, the opportunities to streamline regulations and make environmental protection more efficient, and where environmental regulations might be headed in the coming years.

Date: Feb. 28, 2018 - Wednesday Time: 9:00 AM to 4:00 PM Location: Hyatt Regency New Orleans

Latest Update on WOTUS Rule Status

Calls for Congressional Repeal These Agency Policies

AGC submitted comments November 6 to the Federal Highway Administration (FHWA) supporting its proposal to repeal an Obama-era rule requiring states to measure greenhouse gas (GHG) emissions when planning transportation improvement projects. AGC joined with 38 other organizations with similar interests in transportation infrastructure enhancements in challenging FHWA’s authority to mandate the measurements pointing out that Congress, in the Fixing America’s Surface Transportation (FAST) Act, called for development of performance measurement standards but specifically limited those measures to safety related issues, pavement and bridge conditions and congestion.

Helps Contractors Meet Green Building Owners’ Requirements