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On Sept. 24, �۽�ֱ�� commented on three proposed rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA). The proposed revisions pertain to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for projects that involve federal permits or funding. �۽�ֱ��’s comment letters (one, two and three) offered examples of why the current process is unpredictable and adds delay and cost to the permitting and construction of infrastructure projects nationwide.

On August 24, �۽�ֱ�� filed joint comments in support of a proposal by the U.S. Environmental Protection Agency (EPA) concluding the existing regulatory framework adequately prevents and contains discharges of hazardous substances.

Part One Kicks Off on Sept. 27 with a Look at Pollution Liability

Court Ruling Puts 2015 WOTUS Rule in Effect in 26 States

�۽�ֱ�� Supplies Recommendations to Streamline NEPA Procedures

�۽�ֱ�� Supports Agency Move Towards Greater Transparency in Regulatory Science

�۽�ֱ�� and other industry allies recently urged the Senate Environment and Public Works Committee to advance a new bill that would help prevent states from improperly delaying infrastructure projects based on water quality certifications.

Hear Regulatory Updates from Federal Agencies and Industry Experts

As a result of a federal court ruling on August 16, the Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which expands federal environmental permitting jurisdiction involving wetlands—is now in effect in 26 states (listed below). �۽�ֱ�� published an in-depth look at the 2015 WOTUS rule when it was finalized. The association will provide its membersadditional guidance in the coming days, but we caution a measured approach for the moment as this issue is still developing and the situation may change again in short order.

In an August 13 letter to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers, �۽�ֱ�� reiterates support of the agencies’ efforts to repeal and replace the 2015 “Waters of the United States” (WOTUS) rule while maintaining the current regulatory “status quo” in the interim. The construction industry depends on receiving Clean Water Act permits in order to secure financing and approval to construct new projects. �۽�ֱ�� urges the agencies to provide continuity and predictability for near-term business planning under the current framework while they continue to work on the next steps.