An AGC-backed lawsuit has led the U.S. District Court for the District of North Dakota to issue a preliminary injunction of the Biden Administration’s 2023 “Waters of the United States” (WOTUS) rule in 24 states (see below) on April 12. Adding to the two-state injunction the association secured from a Texas court as well as a preliminary injunction in Kentucky (AGC of Kentucky joined the Chamber of Commerce on that case), the 2023 WOTUS rule is now temporarily blocked in over half the country: 27 states in all.

The U.S. Environmental Protection Agency (EPA) is working on new programs to standardize the use of environmental product declarations (EPDs) and develop a low-carbon emission construction materials program as specified by the Inflation Reduction Act (IRA). EPDs provide data on the environmental attributes of a product and are a tool to support “buy clean” programs that mandate the use of low-carbon materials. Buy clean programs are new and untested. On May 1, AGC provided written feedback to EPA that urges a measured approach to reduce any negative impacts on the supply chain and encourages innovation. AGC highlighted the need to control the risks that arise when deviating from traditional roles and materials on projects, as well as, the importance of incentivizing markets while safeguarding materials’ performance.

Check out learning opportunities for environmental and sustainability professionals

First place awarded to Alec Kalogeropoulos from Roger Williams University

With bipartisan support, the Senate passes AGC-backed legislation to repeal a new Waters of the U.S. (WOTUS) rule expanding federal permitting jurisdiction over wetlands and more construction projects, bolstering AGC litigation—which has expanded to 26 states—against the rule.

*****MAY 31 UPDATE: AGC-backed lawsuits have now halted the Biden administration’s WOTUS rule in 27 states. The Supreme Court has also weighed in and delegitimized the “significant nexus” test that the agencies used in the Biden administration’s WOTUS rule. Check out the updated AGC articles on the states where the rule is blocked and on the May 25th decision from the Supreme Court.*****

AGC is pleased to announce the appointment of new members to serve on its Environmental Committee. Members of the committee have direct access to federal regulatory officials, influence over AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. Join us in welcoming the new members.

AGC Tells EPA Why Contractors Need Protection from Superfund’s Liability Framework

On March 28, AGC responded (via individual and coalition comments) to the U.S. Environmental Protection Agency’s (EPA) premature revision to the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). AGC supports the establishment of reasonable air quality rules that are necessary, based on sound science and measurably improve public health. However, this proposal would greatly increase the stringency of the PM NAAQS ahead of schedule, without clear justification in the science, and contrary to the Administration’s commitment to improve infrastructure and create jobs. Geographic areas that cannot meet these standards could face sanctions, such as a loss of federal highway funding or inability to permit new projects. AGC urged EPA to retain the current standards and highlighted a concern that states—in an attempt to meet the standards—may place restrictions on the use and operation of diesel equipment, which are, in essence, construction bans.

The U.S. Environmental Protection Agency (EPA) recently released the Spanish language version of its Construction Inspection Training Course. (The English version of the training is online here.) Construction site operators permitted under EPA’s 2022 Construction General Permit (CGP) are required to ensure that any individual conducting site inspections is a “qualified person.” The 2022 CGP includes new requirements for qualified persons that apply to all sites that receive permit coverage on or after February 17, 2023. After this date, an individual may be considered a qualified person only if they: