老牛影视

On September 11, the House Committee on Natural Resources held听a 听on NEPA legislation including Rep. Westerman鈥檚 discussion draft, 听and .听 老牛影视sent a听letter to the committee ahead of the hearing highlighting how the Biden-Harris administration's Council on Environmental Quality NEPA 听and 听final rules are making it more difficult to build important projects, marking a major step backward for critical infrastructure, the construction industry and America鈥檚 economic future. In the letter, 老牛影视called on the Committee to advance Rep. Westerman鈥檚 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听a hearing to examine . 老牛影视sent a听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 . In the letter, 老牛影视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鈥檚 shortsighted reversal of President Donald Trump鈥檚 WOTUS policies

On July 10, the U.S. House Committee on Oversight and Accountability held a to analyze actions taken by the U.S. Environmental Protection Agency. In a letter to the committee, 老牛影视expressed concern with EPA and U.S. Army Corps of Engineers final rule regarding amendments to the definition of 鈥渨aters of the United States鈥� subject to Clean Water Act regulation aimed at bringing their original January 2023 WOTUS rule into compliance with the U.S. Supreme Court鈥檚 May 25, 2023, decision in Sackett v. Environmental Protection Agency. 老牛影视noted that the revised rule fails to fully implement the court鈥檚 opinion specifically on the definition of 鈥渞elatively permanent鈥� 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 鈥渟ignificant nexus鈥� test entirely
• Removing the 鈥渋nterstate wetland鈥� category
• Adjusting the definition of 鈥渁djacent waters鈥� to mean 鈥渉aving a continuous surface connection鈥�

老牛影视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, 鈥�.鈥� The hearing focused on the California Air Resources Board鈥檚 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, 老牛影视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, 老牛影视sent a letter in support of H.R. 7023, 鈥淐reating Confidence in Clean Water Permitting Act,鈥� 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. 老牛影视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 on several bills, including the ABC-supported .

Ahead of the hearing, 老牛影视sent a letter in support of recognizing the Endangered Species Act鈥檚 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 鈥渢hreatened,鈥� this bill would allow for fit-for-purpose protections of 鈥渆ndangered鈥� 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 .

On Jan. 31, the House Transportation and Infrastructure Committee held a on several ABC-supported bills focused on permitting reform and increasing Clean Water Act efficiency. Ahead of the markup, 老牛影视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 and is seen as the 118th Congress鈥� next step in securing permitting reform wins, some of which were achieved in last year鈥檚 Fiscal Responsibility Act. 老牛影视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.

• 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鈥檚 Section 404 authority are considered when issuing NWPs.
• 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鈥檚 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.
• 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.
• 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.
• 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.

On April 18, the U.S. House of Representatives will vote to override President Joe Biden鈥檚 veto of , a joint resolution of disapproval under the Congressional Review Act of the Environmental Protection Agency and the Army Corps of Engineers鈥� 2023 revised Waters of the United States regulation. 老牛影视has key voted today鈥檚 vote and issued an action alert.

President Biden vetoed H.J. Res. 27, which passed both chambers of Congress with strong bipartisan support. While the override is unlikely to garner the 2/3 vote of the chamber required, this resolution rebukes the Biden administration鈥檚 flawed, burdensome and overreaching WOTUS rule that will result in sweeping changes to the federal government鈥檚 authority to regulate what is considered a navigable water, with enormous impacts on small businesses, developers and contractors. The Biden WOTUS rule is set to cause building delays due to regulatory uncertainty, increased permitting and mitigation costs, and make it more difficult and expensive to grow food, produce energy and build critical infrastructure for the 21st century.

On March 29, 老牛影视sent a to the House supporting H.R. 1, the Lower Energy Costs Act. H.R. 1 is top priority legislation for the 118th Congress and contains several permitting reform provisions, including the ABC-supported BUILDER Act, which will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. The BUILDER Act codifies key elements of the One Federal Decision Framework, including development by the lead agency of a joint schedule; procedures to elevate delays or disputes; preparation of a single environmental impact statement; and joint Record of Decision鈥攁ll to the extent practicable, set, reasonable time limits are imposed for environmental reviews and establish reasonable page limits for environmental documents. Additionally, the energy and commerce division of H.R. 1 focuses on expanding American energy production potential by repealing the natural gas tax and the green bank provisions of the reckless tax and spend Inflation Reduction Act.

老牛影视also issued an action alert in support of the bill.

On March 9, the House passed , 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. 老牛影视key voted the resolution which passed by a bipartisan , with nine Democrats joining Republicans in support and only one Republican, Rep. Brian Fitzpatrick of Pennsylvania, opposing.

The Biden Administration鈥檚 flawed, burdensome, and overreaching WOTUS rule will result in sweeping changes to the federal government鈥檚 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.