The National Labor Relations Board is taking aim at newly adopted constitutional amendments that bar a federally recognized path for workers to unionize: signing cards authorizing a union. The NLRB has threatened to file lawsuits against Arizona, South Carolina, South Dakota and Utah to block the amendments. The board contends the measures conflict with the National Labor Relations Act and are pre-empted by the U.S. Constitution. The amendments all were approved on Nov. 2. South Dakota’s took effect on that date; Utah’s took effect on Jan. 1. The North Dakota and South Carolina measures are to take effect soon. In
An Obama administration focus on Clean Water Act enforcement has produced a flurry of recently announced consent decrees that would mandate sewer-system upgrades at large and small cities around the country. Settlements announced since January 2010 call for more than $7 billion in infrastructure work, spread over many years. Ignacia Moreno, assistant attorney general for environment and natural resources, said on Jan. 13 that addressing municipal sewer system discharges is an enforcement priority for the Justice Dept. and Environmental Protection Agency. Justice has filed 13 such decrees in federal courts since January 2010, though six have not yet received final
The U.S. Dept. of Transportation hasn’t sought proposals yet for 2011 Transportation Investment Generating Economic Recovery (TIGER) grants. But some 2010 TIGER projects are moving toward construction, thanks to agreements DOT has signed with state and city officials. DOT said on Dec. 29 it signed a $105-million TIGER agreement to help fund two Norfolk Southern Corp. intermodal facilities. A $105-million Rossville, Tenn., complex and a $97.5-million McCalla, Ala., facility each will get $52.5 million from the grant. NS is likely to seek bids for the Tennessee project by the end of February, a spokesman says; the Alabama project will be
To ensure the safety of offshore oil and gas operations, a presidentially appointed 2010 Gulf oil- spill commission has called for a new oversight and enforcement agency at the Dept. of the Interior and offered a long list of other recommendations for government and industry. Agencies and the private sector could adopt some of the changes on their own. Other steps would require new federal legislation. Photo: Courtesy of U.S. Coast Guard In a comprehensive, 398-page report released on Jan. 11, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling issued 15 recommendations. Leading the list
The U.S. Trade Representative’s office is sharpening the focus of its probe into China’s policies supporting renewable energy. USTR Ron Kirk is targeting China’s Special Fund for Wind Power Manufacturing. He has asked for talks with China about that fund under World Trade Organization dispute-resolution provisions. In announcing the move on Dec. 22, the USTR office said China seems to be providing subsidies that are barred by WTO regulations. The agency says grants awarded by the wind-power fund appear to be conditioned on Chinese manufacturers in that sector using Chinese-made parts. USTR estimates the fund’s grants awarded since 2008 could
The House’s newly installed Republican leaders are gearing up to vote to repeal the health-care law enacted last year. Repeal is expected to clear the House. But observers say the legislation probably will languish in the Senate, which is still under Democrats’ control. If that scenario plays out, Republicans’ backup plan is to try to remove pieces of the huge health-care measure. But that also may hit roadblocks in the Senate and at the White House. Incoming House Majority Leader Eric Cantor (R-Va.) told reporters on Jan. 4 that Republicans want to make repealing what he termed the “job-killing” health-
The Environmental Protection Agency has set a timetable for regulating greenhouse gases from powerplants and oil refineries that some critics say is unrealistic. But environmental advocates say the development of the New Source Performance Standards for greenhouse gases under the Clean Air Act is long overdue and will supplement some 75 other New Source Performance Standards already in existence for the power sector and other industries. Photo: Courtesy EPA Powerplants would be regulated under the New Source Performance Standards program. The timetable is part of a settlement reached among EPA and several states—including California, Rhode Island and Massachusetts—and environmental groups,
The Occupational Safety and Health Administration has set an ambitious agenda for the next six months. Many of its top priorities, identified in the semi-annual agenda released on Dec. 20, involve the construction industry. While some sources say that OSHA has been revitalized under Assistant Secretary David Michaels, they wonder if the agency might be taking on more than it can accommodate. “OSHA has a lot on its plate,” says Aaron Trippler, director of government affairs for the American Industrial Hygiene Association. “We’re concerned that they may not have the resources to fully address all the issues, such as silica.”
Congress has cleared legislation authorizing the U.S. Environmental Protection Agency to dole out up to $500 million over five years for diesel retrofits. The House passed the Diesel Emissions Reduction Act (DERA) on Dec. 21, sending it to the White House. The bill is seen as a boon for clean air, contractors and suppliers. In its first five years, DERA returned about $20 in benefits for each $1 spent, according to the Diesel Technology Forum.
It looks like federal agencies will be operating under another short-term spending bill. The Senate on Dec. 21 passed a stopgap continuing resolution (CR) to fund construction accounts and other federal programs through March 4. The vote was 79-16. The House approved the measure within hours. The nine-week measure also would continue authorizations for surface-transportation programs through March 4. State transportation agencies and construction firms that pursue federally funded work would have preferred an extension at least through Sept. 30, when fiscal 2011 ends. Federal Aviation Administration programs, including airport construction grants, will fare a little better. The House and
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