Related Links: Nuclear Energy Institute Statement on Nov. 19 Court Ruling Nov. 19 Court Ruling The Dept. of Energy on Jan. 2 asked the full U.S. Court of Appeals for the District of Columbia Circuit to review a November ruling by that court's three-judge panel that the fee utilities pay to fund long-term storage of spent nuclear fuel must be zeroed out.DOE also has sent Congress a proposal that would make nuclear-waste fees comply with the court's mandate, says spokesman Bill Gibbons. He says DOE will work with Congress, local and tribal officials, and the nuclear industry to "develop a
Related Links: Supreme Court to Hear NLRB Recess Appointment Case Petitions in Supreme Court case Construction industry groups will be watching closely when the U.S. Supreme Court hears oral arguments on Jan. 13 in a case dealing with presidential authority to name appointees to senior agency positions.The case, National Labor Relations Board v. Noel Canning, centers on the question of whether a president can make such appointments during a recess that occurs within a session of the Senate or is limited to recesses occurring between Senate sessions. The U.S. Court of Appeals for the D.C. Circuit said in a January
Related Links: SBA Final Rule (Federal Register 12/23/2013) SBA Size-Standard Summary, by Industry Dredging companies and construction firms that do land-subdivision work soon will face a higher maximum revenue level to qualify for federal small-business aid programs offering, for example, loans and contracts.A Small Business Administration final rule, which takes effect on Jan. 22, hikes dredging firms' "size standard" in average annual receipts, to $25.5 million from $20 million. Land-subdivision firms' mark rises to $25.5 million from $7.5 million.Other SBA construction category standards were unchanged: General contractors' level remains at $33.5 million; specialty-trade contractors' mark is still at $14 million.
Related Links: New Post-Construction Stormwater Rule Could be Delayed NRDC Report A new report evaluates some of green infrastructure's benefits—green roofs, rain gardens, tree plantings, permeable pavements—to commercial property owners and their tenants.The December 2013 report, produced by the Natural Resources Defense Council (NRDC), looked at a range of benefits: energy savings, higher rents and property values, reductions in water bills and local financial incentives, such as tax credits and stormwater fee credits.The report found that the benefit value over 40 years could range from $2 million to $24 million for individual buildings.Larry Levine, senior attorney for NRDC's water program,
Related Links: Information on Baucus Energy Tax Proposal Information on Baucus Corporate and Accounting Tax Reform Proposal With President Obama's Dec. 20 announcement that he will nominate Senate Finance Committee Chairman Max Baucus to be U.S. ambassador to China, industry officials say they don't expect to see action any time soon on one of the Montana Democrat's main priorities: an overhaul of the federal tax code.If Baucus, as predicted, is confirmed to the China post, his successor as chairman of the powerful Finance panel is widely expected to be Energy and Natural Resources Committee Chairman Ron Wyden (D-Ore.), a strong
Related Links: Overview of How NuScale SMR technology works US Dept. of Energy Moves Forward on Small Modular Nuclear Reactors The apparent winner of the second phase of a $452-million U.S. Dept. of Energy grant program to support the development and commercialization of small modular nuclear reactor (SMR) technology in the U.S. is NuScale Power, a Portland, Ore.-based firm whose majority owner is Fluor Corp.DOE announced on Dec. 12 that it would award a yet-to-be-negotiated amount—up to $226 million—to NuScale to cover up to half the costs of a new Oregon-based project to design, certify and help commercialize small nuclear
Related Links: U.S. Attorney for District of Columbia press release, summary of case EPA IG report on John Beale pay issues IG report on John Beale travel issues John C. Beale, a former high-ranking Environmental Protection Agency official, was sentenced on Dec. 18 to 32 months in federal prison and a $1.3-million fine for fraudulently receiving almost $900,000 in pay and benefits for lengthy periods of time he wasn't at work. Beale, 65, pled guilty in September to committing fraud over the past decade at EPA, falsely telling his supervisors that he was a Central Intelligence Agency agent and being paid
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: 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