Public Companies Will Likely Experience Renewed Focus
In comments filed on Aug. 19, AGC questioned the Federal Highway Administration’s (FHWA) authority to measure greenhouse gas (GHG) emissions as part of its proposal for performance measurements as directed by Congress in the MAP-21 and FAST Act legislation. House Transportation Committee Chairman Bill Shuster (R-PA) and 30 members of the committee also sent a letter telling FHWA that the proposal exceeds its authority for this action.
On Aug. 22, the Federal Emergency Management Agency (FEMA) proposed updates to its Floodplain Management and Protection of Wetlands regulations to align with the 2015 Federal Flood Risk Management Standard, which AGC commented on last year. These requirements would expand the floodplain and raise costs for actions involving the use of FEMA Federal Funds for new construction, substantial improvement, or to address substantial damage to a structure or facility.
Court OKs EPA’s Revoking Permit Years after Issuance
On Aug. 2, the White House Council on Environmental Quality (CEQ) publically released a long-expected, final guidance on incorporating greenhouse gases (GHG) and climate change into agency actions where the National Environmental Policy Act (NEPA) currently applies. NEPA requires an assessment of the impact on the environment of a proposed Federal action including rulemakings, permitting, overarching programmatic decisions, and specific projects – including some construction projects.

AGC provided comments to the U.S. Army Corps of Engineers (Corps) on its proposal to reissue and modify its nationwide permits (NWPs), general conditions and definitions. Obtaining these federal “general” permits, which are required for construction activities in “Waters of the United States” (WOTUS), is critical to the completion of the private and public infrastructure that forms the literal foundation of the nation’s economy. AGC’s comments stressed that any changes to the nationwide permit program should maintain an efficient and streamlined process for authorizing activities that propose minimal impacts on WOTUS.

AGC, Industry Partners Ask Agency for More Time to Comment
As news reports of the human and infrastructure tolls of natural disasters become ever more prevalent, so to do discussions on how to make our buildings and other infrastructure more resilient to those forces. Several key players in land use and development, including buildings’ research and standards organizations, have been looking at going beyond the minimum thresholds currently in use to further address disaster preparedness, safety, and climate mitigation in buildings. In Part 1 of this series, we looked at ongoing efforts within Federal agencies and local communities on general resilience, Part 2 looks at specific resilience initiatives related to buildings.
Adapted with permission from Environment Reporter, 47 ER 1933 (June 24, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com> A programmatic biological opinion recently signed by the federal transportation agencies and the U.S. Fish and Wildlife Service (FWS) completes a novel process to address potential transportation project impacts to two endangered bat species. It will streamline the consultation process for common surface transportation projects and improve conservation for the two bat species across 37 states and the District of Columbia, according to federal officials.
Contractor ‘Generators’ Would Face Pass-Through Costs