On October 21, 2021, the U.S. District Court for the Northern District of California vacated the 2020 State Water Quality Certification (WQC) Rule, which is considered to apply nationwide. Subsequently, some U.S. Army Corps of Engineers Districts have advised permittees that they will not finalize permit decisions that rely on a Clean Water Act (CWA) Section 401 WQC or a waiver under the now vacated 2020 State WQC rule (click here for an example, scroll to “Latest News”). This halt in permitting appeared to include the use of sixteen CWA Section 404 Nationwide Permits that the Corps finalized earlier this year. Update: On Dec. 2, the Corps posted a notice on its website that it had resumed making decisions on all permit applications and requests for nationwide permit verifications.
The U.S. Environmental Protection Agency (U.S. EPA) released a proposal on Nov. 18, 2021, that would return to the 1980’s regulatory framework, with some changes, on Waters of the United States (WOTUS). As previously reported in September, a district court vacated the 2020 Navigable Waters Protection Rule (NWPR), which the Biden Administration has interpreted as a nationwide vacatur. Since then, the regulated community has been following the 1980’s regulatory regime and guidance on relevant U.S. Supreme Court rulings. Earlier this summer, the U.S. EPA announced its intention to remove and replace the Trump Administration’s NWPR. The first step is the proposal the U.S. EPA just released as a pre-publication version. Comments will be due within 60 days of its publication in the Federal Register. AGC will respond to the proposal.
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October 28, 2021, at AGC’s Headquarters in Arlington, Va.
Registration is now open for the AGC In-House Environmental Managers (IHEM) meeting on Oct. 28, 2021, in Arlington, Va. Join your peers for a day spent in discussion of solutions to the challenges on your to-do lists and based on first-hand experiences. The IHEM meeting creates a forum for environmental professionals working at construction firms to have greater peer-to-peer learning and interaction.
Scope of Ruling and Impact on Construction Permitting Unclear
On August 5, President Biden signed an Executive Order setting a new target to make half of all new vehicles sold in 2030 zero-emissions vehicles, including battery electric, plug-in hybrid electric, or fuel cell electric vehicles. The Executive Order also initiates development of long-term fuel efficiency and emissions standards. In conjunction with this Order, the Environmental Protection Agency and U.S. Department of Transportation will soon announce how they plan to counter regulatory action on efficiency and emissions standards developed by the previous administration. These announcements, along with increased consumer interest in electric vehicles, makes clear that Congress must seriously address the long-term solvency of the Highway Trust Fund. As more electric and fuel-efficient vehicles join the nation’s auto fleet each year, gas tax revenue, which provides the lion’s share of funding for building our nation’s highway and bridge infrastructure, will continue to decline.
Associated General Contractors of America Details Measures Needed to Lead to a More Environmentally Friendly Built Environment, Also Outlines Steps Firms Can Take to Operate More Efficiently
AGC recently submitted extensive comments on the U.S. Environmental Protection Agency’s (EPA) draft 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit and supporting materials, based on member input.
We're all eager to get back to in-person conferences, but you won't want to miss the exceptional lineup of environmental sessions we've assembled for 2021's Construction Safety, Health & Environmental Virtual Conference on July 20-22. That's why we've slashed the price for this year's virtual conference and made it free to all AGC members. Participate at your own pace and learn about climate, community, corporate transparency, species, and water issues.