On June 10, ÐßÐßÊÓƵ of America, and several of its members, took to the witness stand in federal court to halt three unfair provisions in the new Davis-Bacon final rule impacting its coverage to truck drivers, contractors with material supply operations, and where an owner fails to include the requirement in the bidding documents/contract. Doug Walterscheid (J. Lee Milligan Inc., ÐßÐßÊÓƵ of Texas member), John Ramage (71 Construction, ÐßÐßÊÓƵ of Wyoming member), Doug Tabeling (Carroll Daniel Construction, Georgia ÐßÐßÊÓƵ member), and Jimmy Christianson (ÐßÐßÊÓƵ of America) testified in the U. S. District Court for The Northern District of Texas in Lubbock on behalf of the association’s legal challenge to the U.S. DOL’s unlawful expansion of Davis-Bacon coverage to construction contractors. The court hearing was on ÐßÐßÊÓƵ of America’s motion for preliminary injunction that, if granted, would halt the U.S. Department of Labor’s enforcement of the three aforementioned provisions.
This week, ÐßÐßÊÓƵ of America, in collaboration with the U.S. Chamber of Commerce and the National Waste Recycling Association, filed a lawsuit against the U.S. Environmental Protection Agency (EPA) challenging the agency’s new final rule that designates two widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Superfund law (also known as Comprehensive Environmental Response, Compensation, and Liability Act (or CERCLA). This rule imposes significant financial and legal burdens on contractors and could lead to costly litigation and stricter waste disposal practices.
Earlier this year, ÐßÐßÊÓƵ of America filed a coalition amicus brief with the U.S. Supreme Court, supporting a water utility sector’s request for the Court to clarify whether Clean Water Act (CWA) NPDES (National Pollutant Discharge Elimination System) permits can include generic prohibitions. ÐßÐßÊÓƵ members have noted these generic prohibitions in permits nationwide. This language does not provide a compliance path for permittees and exposes them to enforcement, criminal penalties, and citizen suits for activities that conform to the permit. On May 28, the Court issued an order granting certiorari, meaning it will hear the case.
This law imposes reporting requirements that raise privacy issues and noncompliance penalties.
ÐßÐßÊÓƵ, the U.S. Chamber of Commerce, and other business groups have filed a lawsuit in the Western District of Texas against the Occupational Safety and Health Administration (OSHA).
On April 26, ÐßÐßÊÓƵ of America, and other business groups, jointly filed a friend-of-the-court amicus brief urging a Texas federal district court to declare unlawful a significant U.S. Department of Labor (DOL) final rule (2024) revising the standards for analyzing who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule took effect March 11, 2024, and rescinded the Trump administration final rule (2021), replacing it with a more complex analysis for determining employee or independent contractor status.
In this episode of ÐßÐßÊÓƵ’s ConstructorCast, we delve into the intricacies of the association’s litigation program, which serves as a crucial component of its broader advocacy efforts. We explore how ÐßÐßÊÓƵ strategically engages in judicial matters to safeguard and improve the business environment for construction contractors, aligning with its overarching goal of advancing industry interests and protecting against disruption.
A Kentucky federal court—in line with ÐßÐßÊÓƵ litigation support—agrees with an earlier Texas court ruling striking down a FHWA regulation that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations.
A Texas federal court strikes down a FHWA regulation—in line with ÐßÐßÊÓƵ litigation support—that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations.
On March 12, 2024, a federal judge in Louisiana dismissed on procedural grounds ÐßÐßÊÓƵ of America’s lawsuit challenging the Biden administration’s regulation requiring project labor agreements (PLAs) on federal construction projects of $35 million or more. The decision, however, does not prohibit the association from refiling a lawsuit later.