A recent U.S. Supreme Court (SCOTUS) decision found that critical habitat must be actual habitat for a species and that decisions not to exclude areas from critical habitat are subject to judicial review—a ruling that many are heralding as a check on regulatory overreach. In Weyerhaeuser Co. v. the U.S. Fish and Wildlife Service (FWS), the plaintiff challenged the FWS on its designation of an unoccupied area, not currently habitable to the species, as critical habitat for the dusky gopher frog. The Fifth Circuit court deferred to the Service. However, SCOTUS remanded the case back to the circuit court to determine the meaning of “habitat” specific to the facts in this case and whether FWS’s designation of critical habitat was “arbitrary and capricious.

The U.S. Environmental Protection Agency (EPA) will host webinars on how to use the National Pollutant Discharge Elimination System (NPDES) eReporting Tool to submit Annual Reports for EPA’s Multi-Sector General Permit (MSGP); those reports are due by January 30th for each year of permit coverage. Below are the program dates and links to registration and more resources.

The U.S. Environmental Protection Agency (EPA) recently published new resources in Spanish to help construction site operators comply with EPA's National Pollutant Discharge Elimination System (NPDES) construction stormwater permit program.

A new measure announced today by the Environmental Protection Agency and the U.S. Army Corps of Engineers will provide the kind of clarity needed to ensure that the waters of the U.S. continue to become even cleaner. The newly proposed clean water rule outlines clear and specific guidelines as to which sites require a federal water permit in addition to state and local water permits, and what needs to be done to protect federally permitted waters. As a result, the new measure will enable contractors for all types of construction projects, from schools to local roadways and other infrastructure, to understand which permits they need and proceed without substantial regulatory delay and additional cost.

Construction employment increased by 5,000 jobs in November and by 282,000 jobs over the past year while the industry’s average pay continued increases and unemployment decreased to a historic low, according to an analysis of new government data by the Associated General Contractors of America. Association officials called on public officials to enhance career training and education and employment-based immigration reform to ensure an adequate supply of qualified workers.

February 20, 2019, at AGC’s Headquarters in Arlington, Va.

Collective bargaining negotiations settled from January through September of 2018 resulted in an average first-year increase in wages and benefits of 3.0 percent or $1.70, and a median of 2.6 percent or $1.43, according to the Construction Labor Research Council’s (CLRC’s) latest Settlements Report.

Enrollment in E-Verify is a mandatory subject of bargaining, the National Labor Relations Board (“NLRB” or “Board”) recently held, and an employer committed unfair labor practice when it unilaterally enrolled without notify its workers’ union and offering an opportunity to bargain.

On Nov. 1, 2018, members of AGC of America’s Union Contractors Steering Committee and other AGC leaders and staff held a lunch meeting with several leaders of the building trades in Washington, DC. Participants discussed a variety of matters currently of concern to union contractors and labor.

Given the many shortcomings of the multiemployer pension system traditionally used in the unionized sector of the construction industry, many parties are looking for alternatives. AGC, in cooperation with labor and others, is actively advocating for legislative changes that would authorize a new retirement plan model called “composite plans.” In the meantime, there are some alternative plan designs already available to consider. In January, AGC will offer a three-part WebEd series designed to educate union contractors and their representatives about alternatives and help inform their decisions. The series is free to AGC members and chapter staff.