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 February 19, the U.S. Senate Committee on Environment and Public Works held a hearing: Improving the Federal Environmental Review and Permitting Processes. Ahead of the hearing, ABC sent a letter to the committee, highlighting opportunities for Congress to responsibly streamline the Clean Water Act by eliminating persistent statutory barriers to state assumption and enhancing U.S. Army Corps of Engineers and U.S. Environmental Protection Agency processes. Specifically, the letter urged Congress to authorize Endangered Species Act Section 7 liability protection to flow through state or tribal Section 404 enforcement agencies; authorize states and tribes that assume Section 404 authority to issue permits of equivalent duration to USACE Section 404 permits; clarify that states and tribes may assume authority to issue Section 404 permits for discharges into a portion of assumable waters; and authorize expenditure of EPA Wetland Development Grant Program funding to offset continuing state Section 404 implementation costs by supplementing state fee-for-service revenues. 

On January 15, the U.S. House Committee on Transportation and Infrastructure held a hearing: “America Builds: The State of the Nation’s Transportation System.” The hearing focused on permitting and workforce development. Four witnesses participated in the hearing, including Louisiana Governor Jeff Landry, R, and Vice President of Williams Brothers Construction, Seth Schulgen.

ABC sent a letter to the committee ahead of the hearing, encouraging it to consider all-of-the-above workforce development, fair and open competition and Davis-Bacon Act repeal/reform as ways to maximize the effectiveness of federal dollars.

During his opening statement, Chairman Sam Graves, R-Mo., stated the committee’s priority this Congress would be reauthorizing the Surface Transportation Act. He said the committee would hear from stakeholders and committee members as part of an aggressive hearing schedule. On the other hand, Ranking Member Rick Larsen, D-Wa., touted the Bipartisan Infrastructure Law and its investments.

Regarding permitting, Ranking Member Larsen stated the Infrastructure Investment and Jobs Act included streamlining and permitting reform that the Biden administration was unable to implement. He said he expects the Trump administration to advance these measures. Governor Landry expressed support for increasing state responsibilities within the permitting process. Landry noted that Section 404(b) permits were holding up the construction of vital infrastructure and that the states would be able to advance projects faster than the U.S. Army Corps of Engineers.

On workforce development, Schulgen said 90% of contractors reported struggling to find workers and expressed support for increased career and technical education funding.

Regarding construction costs, Schulgen said the IIJA’s impact had been eroded by inflation. He noted the U.S. Department of Transportation’s Federal Highway Administration’s displayed that highway construction costs have risen 70% since 2020.

View the hearing here.

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 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 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.

On March 19, ABC sent a letter in support of H.R. 7023, “Creating Confidence in Clean Water Permitting Act,” sponsored by Rep. David Rouzer, R-N.C. H.R. 7023 includes provisions from five standalone, ABC-supported bills that passed out of the House Committee on Transportation and Infrastructure on Jan. 31, including the Nationwide Permitting Improvement Act, the Reducing Permitting Uncertainty Act, the Judicial Review Timeline Clarity Act, the Water Quality Criteria Development and Transparency Act, and the Confidence in Clean Water Permits Act. ABC believes that this bill represents the best and most comprehensive federal regulatory permitting and project review reform legislation on the table this Congress and will go a long way toward eliminating unnecessary delays that cause budget overruns in construction.

On Feb. 14, the House Committee on Natural Resources Subcommittee on Water, Wildlife and Fisheries held a hearing on several bills, including the ABC-supported ESA Flexibility Act.

Ahead of the hearing, ABC sent a letter in support of H.R. 6784 recognizing the Endangered Species Act’s purpose of protecting species threatened with extinction and the need for science-based, data-driven actions that conserve those species and the habitats on which they depend. The ESA Flexibility Act gives the U.S. Department of the Interior and U.S. Fish and Wildlife Service additional leeway when dealing with species listed as endangered under the ESA. While these agencies are already granted flexibility with species deemed “threatened,” this bill would allow for fit-for-purpose protections of “endangered” species while reducing undue regulatory burdens on development. The ESA Flexibility Act will allow for better management of species listed as endangered under the Endangered Species Act, such as the ABC-supported delisting of the northern long-eared bat.

You can view a recording the Subcommittee hearing here.

On Jan. 31, the House Transportation and Infrastructure Committee held a scheduled markup on several ABC-supported bills focused on permitting reform and increasing Clean Water Act efficiency. Ahead of the markup, ABC sent a letter in support of H.R. 7023, which was comprised of the five bills below, and joined members of the Waters Advocacy Coalition in a letter encouraging the full committee to report the bills favorably to the full House. This legislation passed the committee by a 32-30 vote and is seen as the 118th Congress’ next step in securing permitting reform wins, some of which were achieved in last year’s Fiscal Responsibility Act. ABC believes the Committee approved bill will streamline the process for permit seekers and holders, as well as provide greater clarity for permitting agencies while eliminating unnecessary delays that can cause budget overruns in construction.

• H.R. 7023: Nationwide Permitting Improvement Act seeks to codify longstanding interpretations and practices concerning Nationwide Permits, offering clarity on several contentious areas within the established process. This bill proposes extending the reissuance period for general permit holders from five to 10 years. It also specifies that only categories falling under the Clean Water Act’s Section 404 authority are considered when issuing NWPs.
• H.R. 7026: Reducing Permitting Uncertainty Act aims to restrict the U.S. Environmental Protection Agency from preemptively vetoing a Clean Water Act Section 404 dredge and fill permit or revoking it after Corps approval without due process. Under this act, the EPA’s veto authority is constrained to the period while a permit application is pending through the standard permitting process, aligning with the original intent of the CWA.
• H.R. 7021: Water Quality Criteria Development and Transparency Act intends to establish a more transparent procedure for EPA's development of water quality criteria, crucial for NPDES permits. This bill seeks to enhance public participation and introduce limited judicial review, ensuring stakeholders have a voice in the process and water quality standards are adequately protected.
• H.R. 7008: Judicial Review Timeline Clarity Act proposes reasonable timelines for judicial review of Clean Water Act Section 404 permits, fostering efficiency in project authorization. It mandates that any lawsuit challenging a Section 404 permit must be filed within 60 days of issuance and sets deadlines for compliance in case of remand by the court.
• H.R. 7023: Creating Confidence in Clean Water Permitting Act aims to ensure that permits only include clear, objective limits on pollutants or water conditions. It also reinforces the principle that permit holders are shielded from liability as long as they adhere to the terms of their NPDES permits and provide relevant information during the application process.