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On Apr. 22, the Federal Acquisition Regulation (FAR) Council published a new rule requiring federal agencies to procure “sustainable products and services” to the maximum extent practicable effective May 22, 2024.

�鶹��ý 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 �鶹��ý’s environmental agenda, and a means to exchange valuable information with one another and industry peers. �鶹��ý’s environmental team appreciates the volunteers dedicating their time on the Environmental Committee, as well as the Climate Change Working Group and task forces. Join us in welcoming the new members to the committee.

Join us in St. Louis, Missouri, July 16 – 18, for this year's Construction Safety, Health & Environmental Conference

The U.S. Environmental Protection Agency’s (EPA) final rule to regulate certain per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known) has cleared the interagency review process. Completion of this step signals that EPA is very close to issuing the new rule. �鶹��ý has long discussed risk exposures for contractors associated with this regulatory approach: where contractors encounter these chemicals in earthmoving or dewatering activities. Most recently, �鶹��ý raised these concerns to the U.S. Senate Committee on Environment and Public Works as they considered possible implications of EPA’s forthcoming rule at a March 2024 hearing. Construction companies, along with several other industries, are at risk of litigation for contamination not originating with them. Many groups, like �鶹��ý, are asking Congress to step in to protect innocent parties from liability---provisions that the law currently does not provide.

On April 9, �鶹��ý and its coalition partners responded to a U.S. Army Corps of Engineers (Corps) proposal to revoke its agency-specific procedures (called “Appendix C”) for the protection of historic properties under Section 106 of the National Historic Preservation Act (NHPA) within the Corps’ permitting program. The Corps proposes instead to implement the NHPA through forthcoming guidance. �鶹��ý urges the Corps to retain the longstanding Appendix C process to safeguard public input through notice and comment rulemaking. Appendix C helps to streamline the NHPA and ensures that the scope of the Corps’ review of a project stays within the bounds of its narrow legal jurisdiction.

New funding opportunities for water systems available

A Kentucky federal court—in line with �鶹��ý litigation support—agrees with an earlier Texas court ruling striking down a FHWA regulation that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations.

�鶹��ý-backed federal Clean Water Act permit streamlining package benefiting many construction projects passes the House, but faces resistance from the White House and Senate that are focused on limiting permitting reforms to just clean energy projects.

A Texas federal court strikes down a FHWA regulation—in line with �鶹��ý litigation support—that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations.