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�鶹��ý Members and Chapters Welcome to Participate

On August 21, �鶹��ý raised concerns with proposed changes to rules that govern the implementation of the Endangered Species Act (ESA) such as the designation of critical habitat (�鶹��ý comment letter) and the interagency consultations (�鶹��ý comment letter) that are part of the approval process for projects that involve federal permits or funding. The proposed revisions reverse reforms made by the prior administration to streamline the process, change key definitions and concepts, and introduce additional requirements, for example to offset any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ.

�鶹��ý’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. You and your colleagues are invited to take the next step in your �鶹��ý journey and join the volunteer pool. Complete or update the volunteer tab in your member profile by October 1 to let us know what volunteer opportunities you are interested in—such as �鶹��ý’s Environmental Committee. Beginning in 2024, there are both longer-term committee volunteer positions and shorter-term volunteer opportunities available. Make the time commitment that works for you.

Revised rule continues to follow principles rejected by the U.S. Supreme Court

�鶹��ý’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. You and your colleagues are invited to take the next step in your �鶹��ý journey and join the volunteer pool. Complete or update the volunteer tab in your member profile by October 1 to let us know what volunteer opportunities you are interested in. Beginning in 2024, there are both longer-term committee volunteer positions and shorter-term volunteer opportunities available. Make the time commitment that works for you.

Agencies have delayed permits until changes are final

On August 1, the proposed rule on Sustainable Procurement was issued that will, among other things, require all federal agencies to prioritize the procurement of sustainable products and services “to the maximum extent practicable.” While the proposed rule largely consolidates existing requirements for federal agencies and federal contractors, the proposed rule allows for greater enforcement by contracting officers. Currently, federal agencies are required to ensure that 95 percent of new contracts use products or services that are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, or made with recovered materials. Additionally, the proposed rule directs federal agencies to follow EPA’s Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing. Public comments are due October 2, 2023.

The Biden Administration has proposed new changes to a suite of rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA). The proposed revisions reverse reforms made by the prior administration to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for projects that involve federal permits or funding. One change, in particular, would upend longstanding policy and require offsets to any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ. A summary of the proposed changes follows below.

The White House Council on Environmental Quality proposed rule ignores recent NEPA amendments included in the debt limit deal.

The House votes to repeal a U.S. Fish and Wildlife Service (FWS) rule. As a result of the rule, at least 3,000 projects already under construction will have to re-do their Endangered Species Act consultations, threatening schedules and even project feasibility.