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�鶹��Ƶ’s efforts to engage with the Trump Administration on environmental streamlining and regulatory reform are seeing results. Throughout the year, �鶹��Ƶ further developed our relationships with the federal regulatory agencies through increased dialogue and meaningful collaboration. In the following article, �鶹��Ƶ provides a snapshot of those efforts during 2018, which touch on some of the most important environmental concerns for the construction industry from “approvals” to “wetlands.”

A recent U.S. Supreme Court (SCOTUS) decision found that critical habitat must be actual habitat for a species and that decisions not to exclude areas from critical habitat are subject to judicial review—a ruling that many are heralding as a check on regulatory overreach. In Weyerhaeuser Co. v. the U.S. Fish and Wildlife Service (FWS), the plaintiff challenged the FWS on its designation of an unoccupied area, not currently habitable to the species, as critical habitat for the dusky gopher frog. The Fifth Circuit court deferred to the Service. However, SCOTUS remanded the case back to the circuit court to determine the meaning of “habitat” specific to the facts in this case and whether FWS’s designation of critical habitat was “arbitrary and capricious.

The U.S. Environmental Protection Agency (EPA) will host webinars on how to use the National Pollutant Discharge Elimination System (NPDES) eReporting Tool to submit Annual Reports for EPA’s Multi-Sector General Permit (MSGP); those reports are due by January 30th for each year of permit coverage. Below are the program dates and links to registration and more resources.

The U.S. Environmental Protection Agency (EPA) recently published new resources in Spanish to help construction site operators comply with EPA's National Pollutant Discharge Elimination System (NPDES) construction stormwater permit program.

February 20, 2019, at �鶹��Ƶ’s Headquarters in Arlington, Va.

Today, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have proposed a new clean water rule to replace the controversial 2015 Waters of the United States (WOTUS) rule. The 2015 WOTUS rule is undergoing legal challenges and is on hold in 28 states, creating a patchwork of regulations. Today’s proposal is intended to correct the regulatory overreach of the old rule while continuing to protect federal waters

New national directive tracks �鶹��Ƶ contractor recommendations

This week, the U.S. Army Corps of Engineers (USACE or Corps) provided �鶹��Ƶ and other stakeholders with an update on its efforts to “revolutionize USACE civil works,” highlighting three main objectives: (1) accelerate project delivery, (2) transform financing and budgeting, and (3) improve permitting and regulation reform. The Nov. 29 webinar meeting (click here for the slides) was a follow-up to a roundtable discussion held this spring at Corps’ headquarters and a request for public input on existing USACE regulations that may be appropriate for repeal, replacement, or modification. During each and every opportunity, �鶹��Ƶ has provided the Corps with comprehensive comments, both in writing and during face-to-face meetings. Below is a listing of the Corps’ recent accomplishments to speed up Clean Water Act Section 404 permitting – as well as several key actions in progress – demonstrating that �鶹��Ƶ’s input in being heard and acted upon.

Presentations from key federal agencies rounded out the expert management and risk sessions at �鶹��Ƶ’s 2018 Construction Environmental Conference by providing attendees with updates and answering questions on several regulatory developments. As part of its conference wrap-up, �鶹��Ƶ provides below a list of the issues the government agencies discussed along with links to relevant articles and �鶹��Ƶ’s comment letters, where applicable. �鶹��Ƶ appreciates the time and talent of all the speakers at the 2018 CEC that, based on participant feedback, exceeded expectations.

�鶹��Ƶ recently participated in a roundtable discussion with the U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler to commemorate the one-year anniversary of the Smart Sectors Partnership and highlight initial successes. �鶹��Ƶ took the opportunity to express support of EPA’s efforts to improve the clarity and speed of the permits it issues. �鶹��Ƶ understands that state agencies issue most environmental permits; however, states use EPA’s permits/programs as a model. Improvements EPA makes can have a positive impact on state-issued permits. To this end, EPA is working on a policy for how the agency assesses the adequacy of state pollution control programs. Click here to see EPA’s priority goals and latest action plan.