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AGC Fights Back Against Obama-Era Rule that Would Have Slowed Project Approval

Following in the tradition of Presidents Bush’s “greening the government” and Obama’s “federal sustainability” efforts, President Trump ordered federal agencies to meet statutory requirements for environmental performance and prioritize actions that reduce waste and enhance the resilience of federal infrastructure and operations. Trump’s May 17 Executive Order Regarding Efficient Federal Operations takes a less prescriptive approach and provides agencies greater flexibility in meeting existing requirements than Obama’s now rescinded 2015 order – which set far-reaching goals for federal buildings and fleets beginning in 2016 through 2025 and beyond. 

n May 21, AGC challenged the U.S. Environmental Protection Agency’s consideration of using the Clean Water Act (CWA) permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water. 

On May 21, 2018, the U.S. Supreme Court upheld the legality of arbitration agreements containing collective- and class-action waivers.  The Court held that arbitration agreements providing for individualized proceedings are valid and that neither the Federal Arbitration Act’s (“FAA”) savings clause nor the National Labor Relations Act (“NLRA”) suggests otherwise.

“Optimism about future job opportunities and market growth in 2018 and beyond remains high among union contractors, labor representatives and owner-clients – but at the same time, many remain concerned about a growing shortage of union craft workers,” reports The Association of Union Constructors (TAUC) in a recent press release about the publication of the 2018 Union Craft Labor Supply Study. The study was conducted by TAUC and the AGC-supported Construction Labor Research Council. 

On May 15, AGC put forth its support for the U.S. Environmental Protection Agency’s (EPA) proposal to expand the universal waste regulations to include non-empty aerosol cans. Recognizing that aerosol cans are often the only hazardous waste stream produced on a construction site, this proposal could change a company’s status as a “generator” and reduce program costs and facilitate recycling.

From the repeal and replacement of the 2015 definition of Waters of the United States and opening up the National Environmental Policy Act procedures, to reevaluating regulations on listing species and designating critical habitat; the spring Unified Agenda sets a busy schedule for the year ahead.

On May 9, 2018, the Trump Administration unveiled its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months.  This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

The AGC Labor and Employment Law Council (LELC) held its 34th Annual Construction Labor Law Symposium on May 3 and 4 in Washington, DC.  Attorneys and labor relations managers from across the country gathered to learn about labor and employment law developments and government initiatives relevant to construction employers.

Responding to recommendations from a 2016 Government Accountability Office (GAO) report and input gathered from succeeding Compliance Assistance Town Halls and stakeholder meetings, the Office of Federal Contract Compliance Programs (OFCCP) has released its “Town Hall Action Plan” addressing “three general areas of focus:  training, communication and trust.” 

Registration and hotel reservations are open for the June 5 tour of the International Union of Operating Engineers’ brand new International Training & Conference Center in Crosby, TX.