The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have opened a docket to collect written comments on how “Waters of the United State” or WOTUS definition should revised. The agencies have spent the last few months gathering public feedback through a series of listening sessions and an in-person meeting for small entities. AGC participated in the listening session for construction and transportation and is preparing written recommendations by the Nov. 28, 2017, deadline. It is not too late to participate, see below for information on how.

Mark your calendars. Co-located with its 99th Annual Convention, AGC will host its latest series of roundtable discussions exclusively for in-house environmental managers at construction firms on Wednesday, February 28, 2018, at the Hyatt Regency New Orleans. This AGC In-House Environmental Managers Meeting is a day of peer-to-peer learning and information sharing. The meeting is highly interactive and you set the agenda for the discussions to address the top items on your to-do-list or jobsite concerns.

The U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt signed an agency-wide directive (and accompanying memo) on Oct. 16 that imposes steps to end the practice known as “sue and settle” – which is a quick resolution of citizen suits by environmental groups against the EPA, involving the agency’s failure to comply with statutory deadlines for issuance of regulations. Such agreements are oftentimes reached with little to no public input or transparency, EPA said, calling such a practice “regulation through litigation.” AGC has long expressed concern that special interest groups are using these lawsuits to force the EPA to issue regulations that advance their interests and priorities. The chief executive officer of AGC praised EPA for “putting an end to back room agreements ... [and] making sure that all affected parties have an opportunity to contribute to the discussion about measures needed to protect our environment.”

On October 18, AGC submitted recommendations to the U.S. Army Corps of Engineers (USACE), highlighting the regulatory burden on the construction industry and offered specific program modifications and solutions relating to performing work with USACE.

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?

In late September, the Federal Highway Administration (FHWA) reinstated, on a temporary basis, a requirement that states account for on-road greenhouse gas emissions (GHG) when planning transportation improvement projects. On Oct. 5, FHWA proposed a rulemaking to formally repeal the measure with a goal of finalizing it by spring 2018. FHWA pointed out that a GHG measure is not required by statute and is a burdensome and an unnecessary addition to the planning review. FHWA limited the comment period to 30 days in an effort to eliminate this requirement before states would be required to implement it.

The Trump Administration reinforced its commitment to ensure that the Federal environmental review and permitting process for infrastructure projects is coordinated, predictable, and transparent.. President Trump, through Executive Order (EO) 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects, issued on Aug. 15, identified concerns with the Environmental Impact Statement (EIS) process required under the National Environmental Policy Act (NEPA) – including lack of coordination among federal agencies, overlapping statutory requirements, and redundant processes – and called on federal agencies to undertake reforms.

On Tuesday, AGC Chief Executive Officer Stephen E. Sandherr and Tom Couling (Zachry Constr), the chair of AGC’s environmental forum, joined senior officials at the U.S. Environmental Protection Agency (EPA) in the launch of the agency’s Smart Sectors program. EPA invited AGC to partner on an aggressive effort to eliminate or improve harmful rules that have failed to deliver results and stifled economic growth.

AGC filed comments this week on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineer’s joint proposed rule to repeal the 2015 definition of “Waters of the United States” (WOTUS). AGC offered strong support for the agencies’ plan to re-codify regulatory text that existed prior to the 2015 WOTUS rule to “reflect[] the current legal regime under which the agencies are operating” following a nationwide stay of the rule by the U.S. Court of Appeals for the Sixth Circuit.

Join Us Again Next Year on September 12-13, 2018, in Crystal City, Virginia!