On March 9, the House is scheduled to consider H.J. Res. 27, a joint resolution of disapproval under the Congressional Review Act of the Environmental Protection Agency and the Army Corps of Engineers 2023 revised Waters of the United States regulation.

The Biden Administration’s flawed, burdensome, and overreaching WOTUS rule will result in sweeping changes to the federal government’s authority to regulate what is considered a navigable water, with enormous impacts on small businesses, developers and contractors. The rule will cause building delays due to regulatory uncertainty, plus increased permitting and mitigation costs.

On Feb. 27, ABC joined broad coalition of industry stakeholders in support of the CRA during committee consideration, and will be key voting this resolution for our scorecard on the 118th Congress.

On Feb. 15, the U.S. Senate Committee on Health, Education, Labor, and Pensions held a hearing on the nomination of Jessica Looman to serve as the administrator of the Wage and Hour Division at the U.S. Department of Labor. Looman currently serves as the Principal Deputy Administrator of WHD, and before joining WHD, served as the Executive Director of the Minnesota State Building and Construction Trades Council. In a letter to the committee, ABC highlighted concerns from the construction industry on forthcoming rulemakings, such as independent contractor, overtime and radical reforms to Davis-Bacon regulations that will increase the cost of taxpayer-funded construction projects and discourage small businesses from rebuilding America, and urged the committee to obtain clear commitments from Ms. Looman as the agency considers these new rules.

Republican Ranking Member on the Committee Sen. Bill Cassidy, La., also announced his opposition to Ms. Looman following the hearing

On Feb. 7, the U.S. House Committee on Transportation and Infrastructure Subcommittee on Water Resources and Environment held a hearing titled, “Stakeholder Perspectives on Impacts of the Biden Administration’s Water of the United States Rule.” Prior to the hearing, ABC sent a letter to the subcommittee expressing opposition to the Biden Administration’s WOTUS Rule, and also issued a statement of support for a joint resolution of disapproval under the Congressional Review Act (CRA) on the Biden Administration’s flawed and burdensome “Waters of the United States” (WOTUS) rule (H.J. Res. 27). An identical measure was also introduced in the Senate by 49 Senators, led by Environment and Public Works Ranking Member Shelley Moore Capito, R-W. Va.