On Sept. 10, the House Committee on Natural Resources held a legislative hearing on H.R. 573, the Studying NEPA’s Impact on Projects Act, H.R. 4503, the ePermit Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bills, which streamline the permitting process and provide greater transparency for the construction industry, project developers and the public.

The House Natural Resources Committee is seeking nationwide support for the SPEED Act, introduced by Committee Chair Bruce Westerman, R-Ark., and Rep. Jared Golden, D-Maine. The legislation would codify NEPA’s intent is to prescribe the necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action,” and set reasonable timelines for filing judicial review claims. These reforms would reduce permitting delays and the potential for activist groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations, providing project sponsors and contractors with increased certainty that enables them to plan and invest with confidence.

Please contact [email protected] if your chapter is interested in writing Congress in support of the legislation.

House Committee Considers NEPA Reforms

On Sept. 10, the House Committee on Natural Resources held a legislative hearing on H.R. 573, the Studying NEPA’s Impact on Projects Act, H.R. 4503, the ePermit Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bills, which streamline the permitting process and provide greater transparency for the construction industry, project developers and the public.

The House Natural Resources Committee is seeking nationwide support for the SPEED Act, introduced by Committee Chair Bruce Westerman, R-Ark., and Rep. Jared Golden, D-Maine. The legislation would codify NEPA’s intent is to prescribe the necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action,” and set reasonable timelines for filing judicial review claims. These reforms would reduce permitting delays and the potential for activist groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations, providing project sponsors and contractors with increased certainty that enables them to plan and invest with confidence.

Please contact [email protected] if your chapter is interested in writing Congress in support of the legislation.

On July 3, ABC sent a letter in support of H.R.3898, the Promoting Efficient Review for Modern Infrastructure Today Act. The letter urges the U.S. House of Representatives to advance the legislation, providing much-needed, commonsense reforms to the Clean Water Act.

Among the many essential provisions in the PERMIT Act, ABC particularly supports:

• Clarifying the Definition of WOTUS: Explicitly excluding groundwater and ephemerals that flow in direct response to precipitation from the definition of Waters of the United States reduces expansive interpretations of WOTUS and limitations on construction taking place on such land.
• Expediting Jurisdictional Determinations: Directing the U.S. Army Corps of Engineers to expedite procedures and augment personnel and resources will help eliminate the backlog of jurisdictional determinations and Section 404 applications.
• Extending and Streamlining the Section 404 Dredge and Fill Permit Process: Extending nationwide general permit times from five to 10 years may enable contractors to complete projects within the permitted time frame. Further, allowing the use of environmental assessments for the reissuance of permits will streamline permitting for already approved projects.
• Extending NPDES Permit Terms: Extending the National Pollutant Discharge Elimination System permit time from five to 10 years provides longer validity for construction permits.
• Ensuring Permitted Projects Move Forward: Establishing that the U.S. Environmental Protection Agency’s authority to deny or restrict the use of a defined space as a disposal site is limited to the period between a completed application and permit issuance will reduce the risk of late-stage permit cancellation.

ABC also signed onto the Waters Advocacy Coalition’s letter to the House Rules Committee, urging the committee and House to advance the legislation, delivering clarity and certainty for landowners and the regulated community.

On March 25, the U.S. House Committee on Natural Resources Subcommittee on Water, Wildlife and Fisheries held a legislative hearing on a number of bills, including the ABC-supported ESA Amendment Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bill’s efforts to modernize the Endangered Species Act.

H.R. 1897 streamlines the approval of voluntary conservation agreements and incidental take permits by removing duplicative permitting processes. The bill also clarifies the ESA Section 7 permitting process and provides regulatory certainty that a critical habitat will not be designated if a private landowner is working to implement a plan that conserves the listed species in question. Each of these provisions will provide additional clarity to the ESA that is critical for allowing construction projects to be completed on time and on budget.

During the hearing, the bill sponsor, Rep. Bruce Westerman, R-Ark., said the ESA, “is a well-intentioned law that has been hijacked by litigation and executive overreach.” He went on to stress the permitting relief this bill would provide. You can view his comments here.

On December 10, the U.S. House of Representatives passed S.4367, the Thomas R. Carper Water Resources Development Act of 2024, as amended, by a 399-18 vote. ABC wrote a letter in support of the legislation, which reauthorizes the WRDA and makes significant investments in America’s infrastructure. It also provides opportunities for contractors nationwide to participate on the majority of WRDA projects. The amended WRDA bill reflects months of negotiations between the U.S. House Committee on Transportation and Infrastructure and the U.S. Senate Committee on Environment and Public Works. It is likely the bill will pass the Senate before the end of the 118^th Congress. ABC will continue to support the bill while opposing the distribution of WRDA funds guided by the Biden administration’s Federal Acquisition Council Use of Project Labor Agreements for Federal Construction Projects final rule.

On September 11, the House Committee on Natural Resources held a legislative hearing on NEPA legislation including Rep. Westerman’s discussion draft, H.J. Res. 168 and H.R. 6129.  ABC sent a letter to the committee ahead of the hearing highlighting how the Biden-Harris administration's Council on Environmental Quality NEPA Phase 1 and Phase 2 final rules are making it more difficult to build important projects, marking a major step backward for critical infrastructure, the construction industry and America’s economic future. In the letter, ABC called on the Committee to advance Rep. Westerman’s discussion draft, H.J. Res. 168 and H.R.6129, which promote a coordinated, predictable and transparent process to streamline permitting.

On September 11, the House Committee on Transportation and Infrastructure's Subcommittee Water Resources and Environment held a hearing to examine Waters of the United States Implementation Post-Sackett Decision: Experiences and Perspectives. ABC sent a letter ahead of the hearing calling out the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers for not providing the regulated community with sufficient guidance regarding their interpretation of the August 2023 WOTUS rule. In the letter, ABC urged the EPA and the Army Corps to fully comply with the Sackett decision and provide the regulated community with a clear, concise definition of WOTUS necessary to inform them of how to comply with the law while also serving as good stewards of the environment, as they did prior to the Biden-Harris administration’s shortsighted reversal of President Donald Trump’s WOTUS policies

On July 24, ABC sent a letter to the U.S. House Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit in regard to their hearing on “Examining the Department of Transportation’s Regulatory and Administrative Agenda." ABC expressed concern with Secretary Buttigieg's role in promoting the Biden-Harris administration’s sweeping environmental and labor initiatives rather than prioritizing efficient and economical infrastructure improvements. Specifically, the DOT has advanced a number of stipulations on taxpayer funded infrastructure projects.

On July 10, the U.S. House Committee on Oversight and Accountability held a hearing to analyze actions taken by the U.S. Environmental Protection Agency. In a letter to the committee, ABC expressed concern with EPA and U.S. Army Corps of Engineers final rule regarding amendments to the definition of “waters of the United States” subject to Clean Water Act regulation aimed at bringing their original January 2023 WOTUS rule into compliance with the U.S. Supreme Court’s May 25, 2023, decision in Sackett v. Environmental Protection Agency. ABC noted that the revised rule fails to fully implement the court’s opinion specifically on the definition of “relatively permanent” waters and that it will likely result in continued litigation, regulatory uncertainty and confusion in the business community surrounding WOTUS.

On Aug. 29, the EPA and Corps issued the final rule making adjustments to WOTUS, including:

• Removing the “significant nexus” test entirely
• Removing the “interstate wetland” category
• Adjusting the definition of “adjacent waters” to mean “having a continuous surface connection”

ABC issued a press release criticizing the new rule and urging full compliance with the SCOTUS decision.

On July 9, the U.S. House Committee on Transportation and Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials held a hearing titled, “An Examination of the California Air Resources Board’s (CARB) In Use Locomotive Regulation.” The hearing focused on the California Air Resources Board’s In-Use Locomotive Regulation. Pursuant to section 209(e) of the Clean Air Act, the regulation would ban all locomotives 23 years or older from operating within California and mandate zero-emissions locomotives by 2030. Prior to the hearing, ABC sent a letter to the committee expressing concern over the regulation and the wide-ranging impact it could have on the construction industry, including new logistical challenges and increased materials prices.

On June 13, the U.S. House Committee on Science, Space and Technology Subcommittee on Investigations and Oversight held a hearing titled, “Environmentalism Off the Rails: How CARB will Cripple the National Rail Network.” The hearing focused on the California Air Resources Board’s In-Use Locomotive Regulation. Pursuant to section 209(e) of the Clean Air Act, the regulation would ban all locomotives 23 years or older from operating within California and mandate zero-emissions locomotives by 2030. Prior to the hearing, ABC sent a letter to the committee expressing concern over the regulation and the wide-ranging impact it could have on the construction industry, including new logistical challenges and increased materials prices.