On Dec. 13, ԹϺ submitted comments (click here and here) on two proposals that seek to rescind rules put in place by the Trump Administration governing how the U.S. Fish and Wildlife Service (FWS) designates critical habit for endangered and threatened species. The first proposal would remove the definition of habitat that was implemented in response to a U.S. Supreme Court ruling that determined critical habitat first be habitat for the species in question. The second proposal would rescind a rule that guides how the Service considers impacts caused by critical habitat designations and whether it will exclude areas from listing.
Awaiting Court Decision on Nationwide Stay
On December 14, ԹϺ of America and two of its chapters, the Dallas-based TEXO chapter of the association, and the statewide ԹϺ of Texas chapter, filed suit in federal court to block the Biden administration’s effort to impose a COVID-19 vaccine mandate on federal contractors and subcontractors. ԹϺ noted that many of its members that regularly construct federal projects are already being harmed, as key employees leave for other jobs in the industry to avoid the strict federal mandate. ԹϺ’s filing includes a motion for a temporary restraining order and statements from a number of contractors detailing the damages they have already begun to experience because of the new federal contractor vaccine mandate. That mandate is different from the broader vaccine mandate that the Occupational Safety and Health Administration (OSHA) has sought to impose on all firms that employ 100 or more people. That rule gives workers the option to be tested weekly, instead of being vaccinated. ԹϺ filed a legal challenge against that “emergency” OSHA standard in November.
Joins DOL & NLRB in Interagency Initiative to End Retaliation
The Associated General Contractors of America and two of its chapters, the Dallas-based TEXO chapter and the statewide ԹϺ of Texas chapter, filed suit in federal court on Dec. 14 to block the Biden administration’s effort to impose a COVID-19 vaccination mandate on federal contractors and subcontractors. The groups noted that many of their members that regularly construct federal projects are already being harmed, as key employees leave for other jobs in the industry to avoid the strict federal mandate.
ConsensusDocs recently posted a free webinar on Construction Price Escalation that helps owners, general contractors, and trade contractors alike navigate the unprecedented price spikes and supply chain disruptions wreaking havoc on the industry. You can access the webinar here, as well as other valuable resources available on the ConsensusDocs Price Escalation Resource Center that includes links to sample language provided in the ConsensusDocs 200.1 Price Escalation Amendment.
The White House Council on Environmental Quality (CEQ) recently announced several proposed changes to CEQ’s NEPA rules, which impose environmental review requirements on all federal agencies that carry out, authorize, permit, or fund actions with potential environmental impacts. The Biden Administration released a statement that this is part of their whole-of-government approach to tackling climate change and confronting environmental justice. ԹϺ submitted comments on the November 22 deadline and also signed on to a coalition comment letter in response to the proposal.