Photo by AP Wideworld Justice Alito's ruling affirms forum clauses while also allowing courts to consider public-interest factors. Related Links: Text of Supreme Court's opinion http://enr.construction.com/policy/legal/2013/1014-supreme-court-hears-arguments-over-dispute-forum-selection.asp (ENR 10/14/2013 issue) All of the U.S. Supreme Court justices saw Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas the same way, ruling 9-0 generally in the company's favor. But construction attorneys' interpretations of that Dec. 3 decision differ. Lawyers supporting each side call the ruling a victory.The case originated in a payment dispute between prime contractor Atlantic Marine Construction (AMC), Virginia Beach, Va., and subcontractor J-Crew Management
Related Links: Justice Dept. press release Bilfinger SE statement Ex-Willbros Consultant Sentenced for Nigerian Bribery (enr.com 5/16/2013) [Subscription] The German construction firm Bilfinger SE has agreed to pay $32 million to resolve U.S. federal bribery charges connected to contracts on a Nigerian natural-gas project, the Dept. of Justice said.The agreement, which DOJ announced on Dec. 9, is the latest development in a multi-year federal probe of the $387-million Eastern Gas Gathering ProjectBilfinger and DOJ said they have entered into a three-year deferred-prosecution agreement. The company, based in Mannheim, said it will admit it had violated the U.S. Foreign Corrupt Practices
Related Links: Transcript of Dec. 10 oral arguments NLRB and Construction-Related Cases on Supreme Court Docket (ENR 10/7/2013 issue) [subscription] As the U.S. Supreme Court heard oral arguments on Dec. 10 in two major clean-air regulatory cases, most of the justices appeared to be sympathetic to the Environmental Protection Agency’s position that it had not exceeded its statutory powers when it issued an air-pollution-control regulation in 2011.The cases, which the court consolidated into one proceeding, center on whether EPA overstepped its Clean Air Act authority when it issued the Cross-State Air Pollution rule in 2011. That regulation, also called the
Related Links: ENR Blog: House Bill Seeks to Keep Design-Build Short Lists Short Text of H.R. 2750 A House panel has heard industry officials' support for a bill that seeks to rein in lengthy short lists for federal design-build projects.The measure, which Rep. Sam Graves (R-Mo.) introduced in July, would bar one-step D-B procurements for projects of $750,000 or more. It also would require an agency head's sign-off for D-B short lists of more than five teams. There is no Senate bill yet, and Graves' proposal had just 11 co-sponsors on Dec. 9; but House federal workforce subcommittee Chairman Blake
Related Links: Rep. Blumenauer News Release on Introduction of Legislation Gas Tax Frequently-Asked Questions Several construction, transportation and labor organizations are supporting a House measure that would phase in a 15¢-per-gallon increase in the federal gasoline tax over three years. The bill would raise additional revenue to shore up the Highway Trust Fund.The bill, introduced by Rep. Earl Blumenauer (D-Ore.) on Dec. 4, faces an uphill battle. But the proposal is an important conversation starter, says Beth McGinn, American Road & Transportation Builders Association spokeswoman. She notes that the trust fund is likely to run out of money in 2014
Related Links: Information on a Senate Finance Committee Proposal for Comprehensive Tax Reform Information on Ways and Means Ideas on Comprehensive Tax Reform Several tax incentives that benefit the construction industry are set to lapse on Dec. 31, and industry officials say Congress isn't likely to extend them before that deadline. Lawmakers may act in 2014 to revive these "extenders" and make them retroactive. Some groups are more worried than others about the tax breaks' coming expiration, but most agree that yearly extensions are a poor substitute for broad tax reform.Some construction firms immediately will feel the loss of accelerated
Related Links: Text of Supreme Court opinion in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas Industry Awaits High Court's Ruling in Forum-Selection Case (ENR 10/21/2013 issue) Supreme Court Hears Arguments Over Forum Selection for Disputes (ENR 10/14/2013 issue) The U.S. Supreme Court has ruled unanimously in a case dealing with contract clauses that determine in which courts a dispute may be heard. But attorneys who specialize in construction issues are divided about what the decision means for the industry.In its opinion issued on Dec. 3 in the case, Atlantic Marine Construction Co. v.
Related Links: U.S. Court of Appeals for the D.C. Circuit Opinion EPA information on decision to withdraw permit Construction industry officials are hopeful that the U.S. Supreme Court will agree to hear a case that centers on the Environmental Protection Agency's authority to withdraw a construction permit issued by another federal agency.The case focuses on EPA’s decision to revoke a 2007 Army Corps of Engineers permit granted to Mingo Logan Coal Co. to discharge and fill material from a West Virginia coal mine into local streams. In withdrawing the permit, EPA said that after extensive scientific study, a public hearing
Related Links: Labor Dept. Affirmative-Action Rules Draw Construction Groups' Ire ABC 11/19/2013 Lawsuit The Associated Builders and Contractors has filed a lawsuit that aims to halt Dept. of Labor final rules for federal contractors in hiring veterans and people with disabilities. ABC's lawsuit, filed on Nov. 19 in federal district court in Washington, D.C., seeks to enjoin parts of the rules, which are to take effect March 24. Geoff Burr, ABC vice president of federal affairs, said the agency exceeded its authority and set "wasteful and burdensome" requirements in collecting data and keeping records.The Associated General Contractors was able to
Related Links: Energy and Commerce Committee press release on Natural Gas Pipeline Permitting Act House Energy Committee Fact Sheet on the Legislation The House has passed legislation to accelerate federal approval of permits for natural-gas pipeline projects. However, the Senate is unlikely to clear the measure.The bill, approved 252-165 on Nov. 21, would give the Federal Energy Regulatory Commission 12 months to approve or deny projects.Although 26 House Democrats voted for the measure, it appears to be dead on arrival in the Senate. Further, President Obama has threatened a veto.The bill's supporters, including its chief sponsor, Rep. Mike Pompeo (R-Kan.),
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