Energy & Environment

ABC is troubled by the energy and environmental policy actions of the Obama administration, which have been moving forward without congressional approval via regulation and other administrative methods. The U.S. Environmental Protection Agency (EPA) has pursued costly and burdensome regulations without regard for the negative implications they would have on American businesses and their employees. Some of these regulations increase energy and material prices for the construction industry-not to mention the cost of living for employees-and impede economic recovery and job creation.

In addition, the call for a comprehensive energy policy has grown steadily stronger as fuel prices rise. ABC agrees that alternative/renewable energy sources are vital to America’s future; however, ABC also believes the implementation of such sources will only succeed when coupled with measures designed to lessen U.S. dependence on foreign sources of energy. These measures include increased domestic exploration and production of fossil fuels, as well as responsible deepwater drilling.

FAR Issues Proposed Rule on Sustainable Procurement in Federal Contracting

The Federal Acquisition Regulatory Council plans to issue a proposed rule on Aug. 3, 2023, that would establish new requirements for “sustainable procurement” in federal contracting. The proposal complies with Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, signed by Pr

ABC’s August Regulatory Roundup—Learn About the Latest Developments

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

Council on Environmental Quality Proposes Expansive Changes to NEPA Permitting Rules

On July 31, the Council on Environmental Quality released a proposed rule to implement Phase 2 of revisions to the National Environmental Policy Act implementing regulations. The proposal makes wide-ranging changes to the rules for federal agencies conducting the environmental review and permitting process.

ABC-Supported Legislation To Overturn the Northern Long-Eared Bat’s Endangered Species Listing Heads to President Biden’s Desk

On July 26, the U.S. House of Representatives passed S.J. Res. 24, a Congressional Review Act resolution on the Endangered Species Status for Northern Long-Eared Bat with a bipartisan vote of 220-209. The passage of S.J. Res. 24 would, if enacted, prevent the ABC-opposed U.S. Department of Interior&a

Treasury Plans Proposed Rule on IRA Prevailing Wage and Apprenticeship Requirements

The U.S. Department of the Treasury plans to release a proposed rule implementing provisions of the ABC-opposed Inflation Reduction Act. The law provides over $270 billion in tax credits for the construction of solar, wind, hydrogen, carbon sequestration, electric vehicle charging stations and other clean energy projects, conditioned on requirements that project contractors meet prevailing wage and appr

ABC Regulatory Roundup and 2023 Spring Regulatory Agenda Update

On June 13, the Biden administration released its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish in 2023. ABC has prepared a summary of the actions of interest to ABC members by agency.

EPA and Army Corps Pause WOTUS Determinations, Plan Rule by Sept. 1

At a June 22 House Transportation and Infrastructure Committee hearing, Assistant Secretary of the Army for Civil Works Michael Connor informed the committee that the Army Corps would be pausing all Clean Water Act jurisdictional determinations until a rulemaking revising the definition of “waters of the United States” is complete.

WOTUS Blocked in Kentucky

On April 22, the U.S. Court of Appeals for the Sixth Circuit issued a clarified ruling blocking the U.S. Environmental Protection Agency and Army Corps of Engineers from enforcing a final rule published by the agencies on Jan. 18 that revises the definition of Waters

WOTUS Rule Now Blocked in 26 States

On April 12, a federal judge in the U.S. District Court for the District of North Dakota issued a ruling blocking the U.S. Environmental Protection Agency and Army Corps of Engineers from enforcing a final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States. The ruling was the result of a lawsuit brought by

IRS Releases Guidance on Energy Communities Bonus Tax Credits Under the IRA

On April 4, the U.S. Internal Revenue Service released additional guidance on the Inflation Reduction Act’s energy communities program bonus tax credits, which are in effect in advance of forthcoming proposed regulations that will implement the credits for all taxable years ending after April 4, 2023.

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