The Biden-Harris Administration has been implementing the Waters of the United States conforming rule for one year. Implementation has been a challenge for regulators and industry alike. Meanwhile, Â鶹´«Ã½â€™s legal challenge to the 2023 rule continues, and the rule remains on hold in 27 states. The most recent legal filing applies recent U.S. Supreme Court rulings on Chevron deference to the case.
Three new bid protests were recently filed by Â鶹´«Ã½ members that incorporate Â鶹´«Ã½â€™s legal theory challenging the government’s new PLA mandate. While bid protests challenge specific project awards at the U.S. Court of Federal Claims, the legal theory developed for Â鶹´«Ã½ by outside counsel at Fox Rothschild aims to strike down the government’s PLA mandate across the board. The Â鶹´«Ã½-legal theory challenges the lawfulness of the government’s new PLA mandate as an unlawful socio-economic set aside that Congress never authorized. Consequently, this violates the Competition in Contracting Act (CICA).
On September 23, 2024, Â鶹´«Ã½ of America filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit arguing against the adoption of a lower pleading standard for lawsuits claiming breach of fiduciary duty by trustees of employee benefit plans. The Signatory Wall and Ceiling Contractors Alliance (SWACCA) joined Â鶹´«Ã½ on the brief.
Â鶹´«Ã½ remains actively involved in litigation against OSHA’s Worker Walkaround Representative Designation Process final rule (walkaround rule), which allows an unlimited number of non-employee third-party representatives, including activists or even competitors, to access employer worksites during OSHA inspections.
Â鶹´«Ã½ of America submitted a joint amicus brief to the U.S. Supreme Court on September 4, joining forces with the U.S. Chamber of Commerce and other business groups. The brief urges the Court to reverse a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that dramatically expands the scope of environmental review under the National Environmental Policy Act (NEPA). Â鶹´«Ã½ warns that the D.C. Circuit’s decision, if left in place, would set a dangerous precedent, forcing government agencies to evaluate environmental impacts far beyond their regulatory scope, creating unnecessary hurdles for construction projects across the country.
On August 27, the White House’s Office of Management and Budget (OMB) responded to Â鶹´«Ã½â€™s request to review the Build America, Buy America Act (BABAA) information collection procedures of 19 different federal agencies. OMB indicated that the 19 agencies, which had been identified as out of compliance with all requirements under the Paperwork Reduction Act (PRA), have addressed those concerns and are using approved forms for their information collections.
Â鶹´«Ã½ is excited to announce the launch of our new Judicial Advocacy news feed, a dedicated resource that keeps you informed about our ongoing efforts in the courts to protect and advance the interests of the construction industry. This feed will provide real-time updates on Â鶹´«Ã½'s legal actions and the critical issues we're addressing that could impact your business.
On August 22, the U.S. Department of Labor (DOL) officially filed a notice of their intent to appeal the recent motion for a nationwide preliminary injunction blocking the provisions being challenged by Â鶹´«Ã½ to the DOL’s expansion of Davis Bacon coverage. Pending any further action in court, the nationwide injunction remains in place. Â鶹´«Ã½ originally filed a narrowly tailored lawsuit in federal court against the U.S. Department of Labor, challenging the agency’s unlawful expansion of Davis Bacon coverage to:
Â鶹´«Ã½ joined a U.S. Chamber of Commerce-led amicus brief asking the U.S. Supreme Court to review an appeals court decision that creates roadblocks for trade associations and businesses challenging illegal federal agency actions.