The comment period closed March 10 on the Council on Environmental Quality’s (CEQ) proposed updates to the implementing rules for the National Environmental Policy Act (NEPA). AGC filed a comprehensive letter on behalf of the construction industry in support of the proposal to promote more efficient, effective, and timely federal environmental reviews and permitting of infrastructure projects. AGC seeks to increase investment and project development in a manner that strengthens our economy and enhances environmental stewardship. To this end, AGC also supported the U.S. Chamber-led “Unlock American Investment” coalition’s extensive outreach, education and advocacy efforts – click here for coalition letter.
States may take a different approach
Join us on April 7 at 2pm-3pm Eastern Time
On Mar. 19, AGC submitted comments in support of the U.S. Fish and Wildlife Service’s proposed update to the Migratory Bird Treaty Act (MBTA), which would clarify that unintended or incidental impacts to migratory birds that occur within the scope of lawful, and often necessary, business activities do not carry criminal penalties and expansive liability exposure. The proposed rule would codify and apply a uniform interpretation of the MBTA that its prohibitions do not apply to incidental take. In addition, the proposal would limit the scope of the Act to actions that are directed at migratory birds, their nests, or their eggs, and would clarify that injury to or mortality of migratory birds that results from, but is not the purpose of, an action (i.e., incidental taking or killing) is not prohibited by the Act.
As of March 5, a majority of federal agencies, including the Department of Labor (DOL) and Environmental Protection Agency (EPA), have launched guidance portals in accordance with a pair of executive orders (EO 13891 and EO 13892). These measures, signed by President Trump in October 2019, intend to reduce the impact of agency guidance the White House believes has become a back-door means of regulation. The orders target significant guidance that could have the potential to impact the economy, the environment, public health, or state, local, or tribal communities.
On Feb. 27, the Environmental Protection Agency (EPA) released for public comment a draft of its general permit to regulate stormwater discharges from most industrial activities. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by changes to EPA’s Multi-Sector General Permit (MSGP). The MSGP applies where EPA is the permitting authority and sets the standard for related general permits issued by states. AGC is working with a coalition to submit comments to EPA in advance of the deadline.
On Feb. 24, ҵ CEO Steve Sandherr, along with other national business leaders, spoke at a press briefing on the need to streamline the environmental review process for projects that require federal approval in order to unlock American investment in modern, efficient infrastructure while advancing good environmental stewardship. On Feb. 25, AGC presented the same message at the White House Council on Environmental Quality’s (CEQ) public hearing on proposed regulations out for public comment that would update the rules implementing the National Environmental Policy Act (NEPA).
AGC is preparing comments on a U.S. Fish and Wildlife Service proposed update to the Migratory Bird Treaty Act (MBTA) that would clarify when damage to protected birds would result in criminal charges. The Feb. 3 proposal would codify the Trump administration’s Solicitor’s Opinion M-37050 that determined “incidental take” resulting from otherwise lawful action does not violate the Act---and instead would prohibit actions specifically directed at migratory birds, their nests, or their eggs. Currently, construction contractors actively avoid and minimize impacts on migratory birds and implement protective measures outlined by the Service. However, that does not eliminate the risk of severe penalties. For further information on this proposal, click “learn more”
Save the Date for July 14-16, 2020, in Louisville, KY
On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an AGC-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.