Author: agcnews

In a long-awaited decision on May 25, the U.S. Supreme Court unanimously decided in favor of landowners on a case (Sackett v. U.S. Environmental Protection Agency) that hinges on federal limits over waters and wet areas. AGC submitted a friend of the court brief in support of the Sacketts. The decision aligns with AGC’s brief, and the Justices acknowledge the need for clarity due to the severity of criminal sanctions under the Clean Water Act, a key issue that AGC raised. The Court roundly rejects the use of the flawed “significant nexus” test for determining when projects require a federal permit and…

The Associated General Contractors of America’s chief executive officer, Stephen E. Sandherr, issued the following statement in reaction to today’s decision by the U.S. Supreme Court regarding the Waters of the U.S.: “The Supreme Court has provided much-needed clarity on what is, and is not, a Water of the U.S. This decision will return consistency and sanity to the permitting process. The decision will allow vital infrastructure and development projects to proceed in a timely manner while still providing strong protections for the actual waters of the U.S. The decision also validates the friend of the court brief we filed…

Fifty-five percent of highway contractors report that motor vehicles had crashed into their construction work zones during the past year, putting motorists and workers at risk, according to the results of a new highway work zone study conducted by the Associated General Contractors of America and HCSS. Association officials called on state and local leaders to enact new enforcement and education measures to improve work zone safety. Read full release here. View all survey results.

The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, in response to the end of the COVID-19 Public Health Emergency Declaration, appearing to give employers permission to continue many of their COVID-19 practices and protocols. The “ADA” is the Americans with Disabilities Act. While the agency reminds employers that medical exams and inquiries must be job-related and consistent with business necessity, according to the EEOC, “the ‘business necessity’ standard allows for consideration of whether a person may have COVID-19, and thus might pose a…

Construction employment increased in 42 states in April from a year earlier, while only 24 states added construction jobs from March to April, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said the monthly figures likely reflect the impact of low unemployment rates and workforce shortages as opposed to a dropoff in recent amounts of construction activity. “Contractors continue to report strong demand for projects and have added employees in all but a handful of states over the past year,” said Ken Simonson, the association’s chief economist. “The fact that employment…

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”). The NLRB in Lion Elastomers overruled the Trump-era General Motors decision, which had overruled Atlantic Steel, 245 NLRB 814 (1979), Clear Pine Mouldings, 268 NLRB 1044 (1984), and Pier Sixty, 362 NLRB 505 (2015). In those three cases, the NLRB found certain forms of otherwise-inappropriate conduct, such as outbursts towards management (Atlantic Steel), inappropriate statements made on the…

Here’s Leah Pilconis with an update on Associated General Contractors of America-backed suits involving the Biden Administration’s 2023 “Waters of the United States” (WOTUS) rule. In the video, Leah explains that the term WOTUS, defined by the U.S. Environmental Protection Agency and the Army Corps of Engineers, was broadened by a new rule implemented in March 2023. This expansive definition has created significant confusion and potential legal risks for contractors, who need clear guidelines to comply with the Clean Water Act. The AGC is challenging the rule’s legality through two lawsuits, both of which have resulted in temporary injunctions against…

Meloni Raney, president and CEO of Texo, recently traveled to Capitol Hill to testify before the Small Business Committee about pressing workforce issues in the construction industry. Highlighting her career evolution from architect to industry leader, Raney emphasized the critical labor shortage facing the country, particularly in construction. She urged Congress to increase funding and local flexibility to attract more high school and college graduates to high-paying construction careers. By giving construction a prominent role in rebuilding the economy, a new generation of workers can find rewarding careers that offer economic advancement. Raney also pointed out that while significant federal…

AGC of America CEO Stephen E. Sandherr comments on the Supreme Court case Ciminelli v. United States, in which the association filed a friend of the court brief. In the video, Sandherr explains that the case involved a contractor from Western New York who was charged with criminal fraud for helping draft a Request for Proposal (RFP) and subsequently winning the project. The contractor’s actions were deemed to have deprived the agency of its right to control the decision-making process, a theory that Sandherr argues is highly subjective and perilous. AGC’s brief aimed to educate the court on the common…

A coalition of environmental advocacy groups, including Beyond Plastics, Environmental Health Sciences, and the Plastic Pollution Coalition, released a report calling on the Environmental Protection Agency (EPA) to provide guidance on a safe alternative to PVC for replacing lead water service lines. The coalition claims that PVC is hazardous to human health and warns that communities replacing their lead service lines with PVC would be “leaping from the frying pan into the fire.” The report, however, lacks new research to justify such regulatory action, as the groups admit “research on this topic is thin.” The replacement of lead service lines is funded…