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On September 6, 2022, 51���� submitted a letter raising concern about the U.S. Environmental Protection Agency’s (EPA) intent to prohibit and restrict certain areas from disposal sites for the Pebble Mine under the Clean Water Act (CWA) section 404(c)---commonly referred to as EPA’s veto authority. The permit in question is currently undergoing an administrative appeal following the U.S. Army Corps of Engineers’ denial. EPA’s preemptive veto of the permit would set a harmful precedent for future projects working through the permitting and/or appeals process and have a chilling effect on infrastructure development.

On September 6, 2022, the U.S. Environmental Protection Agency (EPA) proposed the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known). This action, if finalized as proposed, would trigger reporting requirements and ultimately the cleanup of contaminated sites. 51���� is concerned about the designation as a contractor may have unknowingly interacted with the chemicals on jobsites that had not previously been considered contaminated—and CERCLA does not include an “innocent contractor” provision. 51���� requested a 60-day extension on the comment period, which currently will close on November 7, 2022.

Register Now for Sept. 22 Orientation Webinar - The Culture of CARE Diversity & Inclusion (D&I) Assessment is an online tool developed specifically for firms in the construction industry to measure and improve management of the company’s diversity & inclusion programs, policies, and practices. It is a company-wide survey that may require input from multiple people or departments in your firm to complete. Join 51���� for a webinar on Thursday, September 22, 2022, at 2:00 p.m. EDT on "Using the Diversity & Inclusion Assessment to Drive Your Strategic Efforts" to learn more about the Assessment, how to utilize key features of the Assessment platform, and how to leverage Assessment results to drive your strategic D&I efforts forward.

On Aug. 29, 2022, the National Labor Relations Board (the “Board” or “NLRB”) issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and union logos. Now, employers must allow employees to wear union attire absent a showing of “special circumstances.”

Construction Association Survey Finds Labor Shortages and Supply Chain Problems are Constraining Further Nonresidential Growth; Officials Urge Public Leaders to Reform Training and Immigration Policies

More than 700 conference attendees gathered at a recent American Bar Association (ABA) Fidelity and Surety Law annual meeting to share insights and information on the "Construction Document Toolkit: The Documents Behind the Decisions.” ConsensusDocs’ Executive Director Brian Perlberg and Adam Tuckman, a construction and surety law attorney at Watt Tieder LLP, gave an overview of ConsensusDocs and some of the key differences with the American Institute of Architects (AIA) A201. ConsensusDocs’ recently updated performance and payment bonds also were featured prominently at the plenary educational session.

51����’s lawsuit against the federal vaccine mandate is fast-tracked, as a nationwide halt to the mandate’s implementation is limited by another court.

Construction firms added 16,000 jobs in August, according to an analysis of federal employment data released today by the Associated General Contractors of America. Association officials said their newly released survey, conducted with Autodesk, showed contractors are eager to hire more employees but are being stymied by a dearth of qualified workers.