Following Scott Pruitt’s resignation late last week, Deputy Administrator Andrew Wheeler assumed the role of acting administrator of the U.S. Environmental Protection Agency (EPA) on July 9. In his first address to EPA staff, Wheeler indicated that he would continue President Trump’s goals for the agency to reign in federal regulatory overreach and refocus EPA on its core responsibilities. AGC supported Andrew Wheeler’s confirmation as deputy administrator in a letter to the senate earlier this year.
Construction costs accelerated again in June, with steep increases for a wide range of building and road construction materials as tariffs against foreign goods come into effect, according to an analysis by the Associated General Contractors of America of new Labor Department data. Association officials say that contractors will have to assume much of the costs as tariffs increase the costs of many key construction materials.

National Labor Relations Board (NLRB) General Counsel Peter Robb has issued a memorandum about the NLRB’s new approach to cases charging that employee work rules or employment policies (also referred to as employee handbook policies) unlawfully interfere with employees’ rights under the National Labor Relations Act (NLRA). The memo was written in follow-up to the NLRB’s December 2017 Boeing decision and provides employers with useful guidance.
Construction employment increased by 13,000 jobs in June and by 282,000 jobs over the past year, reaching a 10-year high, according to an analysis of new government data by the Associated General Contractors of America. Association officials said many construction firms appear to be more willing to hire amid lower tax rates and a more favorable business environment, but caution that trade fights and labor shortages pose risks to future growth.

Federal agencies recently have initiated action on several key environmental issues of importance to AGC of America’s contractor members from the Waters of the United States rulemaking to proposed new lead-dust standards and re-evaluating the procedural elements of the National Environmental Policy Act.
Construction spending reached a record level of $1.309 trillion in May as monthly increases in residential and public investment outweighed a decline in private nonresidential outlays, according to an analysis of new government data by the Associated General Contractors of America. Association officials warned, however, that continued labor shortages and rising materials costs threaten future growth in demand.

The U.S. Court of Appeals for the Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) has ruled that an asset purchaser that was deemed a successor was liable to pay the seller’s pension fund withdrawal liability even though the purchaser did not have actual knowledge of the liability. The circuit court found that constructive notice of the liability was sufficient to impose withdrawal liability on the asset purchaser. The ruling raises the hurdles that a successor must overcome to avoid withdrawal liability in an asset sale transaction.