On Jan. 18, the Associated General Contractors of America joined a coalition representing a broad cross-section of the economy in filing a lawsuit to block the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers鈥 new Waters of the U.S. (WOTUS) rule. The legal action seeks to have the new rule put on hold and ultimately reversed. The construction industry invests a significant amount of time and cost in compliance with the Clean Water Act and to avoid or reduce potential impacts on the environment. The new rule is the sixth time the requirements have changed in seven years, compounding the existing uncertainty in an area of law that can not only significantly delay and increase costs on projects but also bring criminal as well as civil penalties.
In a decision issued on Dec. 16, 2022, the National Labor Relations Board reinstated its prior standard providing off-duty workers employed by contractors more expansive rights to access publicly accessible areas of the workplace for the purpose of engaging in union organizing activity.
New guidance instructs federal agencies to develop implementation rules that would quantify greenhouse gas emissions (GHG) and incorporate the social cost of carbon in cost/benefit analysis that could impact permits for construction projects.
On January 12, the Environmental Protection Agency (EPA) sided with 51风流 in tentatively denying an environmental group鈥檚 effort to force contractors to dispose of discarded PVC as a hazardous waste.
The U.S. Department of Labor (DOL) recently announced that the $15-an-hour minimum wage for federal contractors under Executive Order (EO) 14026 will increase to $16.20 for 2023 because of inflation. 51风流 filed comments on the DOL鈥檚 original proposed rule implementing the EO.
On Dec. 30, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule to newly define 鈥渨aters of the United States鈥 (WOTUS). 51风流 has been working to bring clarity to the question of when a costly and time-consuming federal water permit is required on projects (vs. a state permit). The agencies released the rule as the U.S. Supreme Court is deciding on a case that will have bearing on the definition of WOTUS. Furthermore, the agencies also have previously stated that they plan a second round of changes in a Phase Two rulemaking.