At a Senate Committee on Environment and Public Works hearing on February 19, AGC’s General Counsel Leah Pilconis highlighted the urgent need for reforms to prevent lawsuits from stalling critical infrastructure projects. AGC underscored how prolonged litigation—sometimes filed years after projects have received final approvals—creates uncertainty, disrupts workforce planning, and drives up construction costs.
To address this, AGC urged Congress to standardize the 150-day limited judicial review period (deadline for filing claims) for all critical infrastructure projects and eliminate unnecessary procedural hurdles that create prolonged uncertainty. While Congress has protected some infrastructure projects with a 150-day limit on legal challenges (federally funded surface transportation projects), most construction projects remain vulnerable to lawsuits for up to six years under the Administrative Procedure Act. AGC believes that once a project receives final environmental approval, it should not remain in legal limbo for years.
Additionally, Mrs. Pilconis stressed the importance of holding federal agencies accountable for following congressional intent, ensuring consistent permitting processes across agencies, and providing robust oversight to guarantee full implementation of the Supreme Court’s Sackett decision. “Proper implementation of Sackett is critical because it clarifies the definition of “Waters of the United States” (WOTUS), which determines when contractors must obtain costly and time-consuming federal permits to work in or near waters and wetlands.” AGC submitted a friend of the court brief in support of the Sacketts.
Representing all sectors of the construction industry, AGC reiterated its support for bipartisan permitting reforms that enable the timely, cost-effective delivery of infrastructure projects while maintaining strong environmental protections. You may recall, AGC also outlined many of these priorities to the Trump administration. To learn more about AGC’s recommendations you can read the full testimony here.
For additional information, please contact Leah Pilconis.