Today, March 30, the U.S. Supreme Court will hear oral arguments in the case U.S. Army Corps of Eng'rs v. Hawkes Co. Inc. This case has important implications for construction work that occurs in, or around, water or wetlands. The central question in the case is whether landowners and operators may “go to court” if they disagree with the federal government’s finding that “Waters of the United States” (WOTUS) are present on a particular site. Earlier this month, AGC joined with industry groups representing agriculture, mining, manufacturing, and petroleum and gas interests in filing a joint “friend-of-the-court (amicus) brief” with the Court in support of Hawkes’ lawsuit against the government.
Government Seeks To Pursue OSHA Violations Using Enhanced Environmental Penalties
AGC of America is proud to announce Skanska USA won the 2016 AGC/Alliant Build America environmental enhancement award for the West Riverfront Park Redevelopment project in Nashville, Tenn. In addition, several other winning projects included notable environmental attributes whether it was a green building, mitigation or sensitivity. You can read the program for the 2016 awards here.
The U.S. Environmental Protection Agency (EPA) recently announced the availability of $26 million in grant funding to establish clean diesel projects aimed at reducing emissions from the nation's existing fleet of diesel engines. These grants are funded through the Diesel Emissions Reduction Act (DERA) and give preference to fleets in areas with poor air quality. The deadline to submit a project proposal is Tuesday, April 26, 2016, at 4pm ET. EPA expects to make awards in the fall.
Nationwide Stay Remains in Effect
This week, the U.S. Court of Appeals for the Sixth Circuit decided that the federal appellate court and not the district courts should resolve the pending legal disputes over the new “Waters of the U.S.” (WOTUS) rule. Importantly, for now, the nationwide stay of the rule remains in effect. The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) are using the prior regulatory definition of WOTUS and applicable guidance (status quo as it existed before the new rule) in making jurisdictional determinations or taking other actions based on the definition of WOTUS.
AGC has extended the Call for Presentations until March 18th
AGC will hold its fifth Contractors Environmental Conference (CEC) on October 5-6, 2016, at the Hyatt Regency Washington on Capitol Hill in Washington, DC. The CEC is a yearly management, leadership and technology-focused conference that zeros in on the most critical environmental issues impacting today’s construction professionals. Past attendees agree that this one-of-a-kind program provides contractors with the information and resources to meet environmental requirements, sustainability initiatives, and remain competitive in the marketplace. Presentation proposals are being accepted online at www.agc.org/enviroCFP through March 18th.
Join Us in Denver on April 20, 2016
Are you an environmental professional working in-house at a construction firm? This spring, AGC is holding a day of roundtable discussions specifically for you and your peers – AGC’s In-House Environmental Managers Meeting. Join us in Denver, CO on April 20, 2016, for a day of information sharing and collaboration. Seating is very limited for this meeting; please don’t wait to act on this exclusive opportunity. Click here to register (construction firms only, please).
The National Academies of Sciences, Engineering, and Medicine recently released “Using Graywater and Stormwater to Enhance Local Water Supplies: An Assessment of Risks, Costs, and Benefits” (available for free download). The report acknowledges that greywater and stormwater can augment water supplies to improve reliability and extend the capacity of water systems in water-scarce or quickly growing cities, if proven safe. The report also calls for more research to address risks, guidelines, and changes to infrastructure to facilitate safe use of these waters.
A host of legal challenges have been filed against the U.S. Environmental Protection Agency’s (EPA) rule to tighten its ozone national ambient air quality standard (NAAQS) from 75 parts per billion (ppb) down to 70 ppb. A coalition of groups representing various industries are faulting what they say is EPA’s inadequate consideration of naturally occurring “background” ozone levels (ozone formed from sources or processes other than U.S. man-made emissions ) that might hamper states’ ability to attain the agency's tighter limit. EPA is promoting “regulatory relief mechanisms” to address the concerns of states and other interested parties.
A recently released Presidential Memorandum speaks to how federal agencies should, in their environmental reviews and permitting, address impacts on natural resources caused by construction and development – a process called “mitigation.” The new policy broadens the federal government's 26-year-old “no net loss” wetlands policy by expanding that concept to any natural resource and encouraging agencies to replace those resources even before construction begins.