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less prescriptive approach and provides agencies greater flexibility in meeting existing requirements than Obama’s now rescinded 2015 order – which set far-reaching goals for federal buildings and fleets beginning in 2016 through 2025 and beyond.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.

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.

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.

Construction employment increased by 17,000 jobs in April and by 257,000 jobs over the past year while firms boosted pay to help recruit new workers, according to an analysis of new government data by the Associated General Contractors of America. Association officials noted that the increases in pay appear to be attracting more former construction workers back into the job market, but cautioned that labor conditions remain extremely tight.

The U.S. Environmental Protection Agency (EPA) is working to meet Clean Air Act deadlines to review, revise and implement national ambient air quality standards (NAAQS) – with nitrogen oxides and ozone at the forefront of recent actions. President Trump recently issued a memo that directs the Agency and EPA Administrator Scott Pruitt to take a series of “actions” to facilitate state and industry compliance with NAAQS and reduce barriers to economic growth. This includes decisions for the air permits needed to construct new facilities or to expand or modernize existing facilities. The memo notes that these air construction permits have become increasingly difficult to obtain as NAAQS have become more stringent. The White House said in a press release that the “Administration will reform NAAQS implementation to provide States with a more efficient process and to promote economic growth."