ԹϺ Works to Support Environmental Review Reform; Calls for Federal Government to Stop NEPA Treadmill
On Feb. 24, ԹϺ CEO Steve Sandherr, along with other national business leaders, spoke at a press briefing on the need to streamline the environmental review process for projects that require federal approval in order to unlock American investment in modern, efficient infrastructure while advancing good environmental stewardship. On Feb. 25, ԹϺ presented the same message at the White House Council on Environmental Quality’s (CEQ) public hearing on proposed regulations out for public comment that would update the rules implementing the National Environmental Policy Act (NEPA).
ԹϺ is preparing comments on a U.S. Fish and Wildlife Service proposed update to the Migratory Bird Treaty Act (MBTA) that would clarify when damage to protected birds would result in criminal charges. The Feb. 3 proposal would codify the Trump administration’s Solicitor’s Opinion M-37050 that determined “incidental take” resulting from otherwise lawful action does not violate the Act---and instead would prohibit actions specifically directed at migratory birds, their nests, or their eggs. Currently, construction contractors actively avoid and minimize impacts on migratory birds and implement protective measures outlined by the Service. However, that does not eliminate the risk of severe penalties. For further information on this proposal, click “learn more”
Save the Date for July 14-16, 2020, in Louisville, KY
On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an ԹϺ-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.
Trump Administration Proposal to Reform the Federal Environmental Review Process Will Fix Problems with Current Process While Maintaining Environmental Rigor, Construction Officials Say
On Jan. 9, ԹϺ urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. ԹϺ further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. ԹϺ also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.
On Jan. 9, the White House Council on Environmental Quality (CEQ) proposed important steps to streamline the National Environmental Policy Act (NEPA) process, which can be a circuitous, time-intensive, and costly environmental review step for many infrastructure projects. ԹϺ is pleased the proposal appears to set clear timelines for completing reviews as well as clear up ambiguous wording and definitions that have led to litigation and delayed projects over the years – steps recommended by ԹϺ in the prior comment period.
From the final rule to replace the repealed 2015 definition of Waters of the United States and a proposal to reform the National Environmental Policy Act procedures, to addressing the take of migratory birds and issuing regulatory determinations for per- and polyfluoroalkyl substances (PFAS); the most recent Unified Agenda shows the agencies striving to complete some of the Administration’s biggest environmental policy goals.
Congress considered adding to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) controversial language to regulate all per- and polyfluoroalkyl substances (PFAS).
Deadline to apply is February 26, 2020