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: 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.),
Related Links: Sen. Reid's remarks on changing the Senate Rules The Democrat-controlled Senate voted 52-48 on Nov. 21 to cut the number of votes needed to confirm presidential nominees to agencies and judgeships to 51 from 60; the vote alters a long-standing rule.Senate Democrats said the change will ease the gridlock that has stalled nominees. But Senate Minority Leader Mitch McConnell (Ky.) says, if the GOP gains the Senate majority in the future, the move may backfire on Democrats.
Related Links: Desalination Advocates Are Pinning Hopes on Carlsbad Project Poseidon Water's Huntington Beach Project Details on Huntington Beach Project Backers of a proposed 50 million-gallon-a day (mgd), $900-million desalination plant on the Pacific Coast in Huntington Beach, Calif., suffered a setback on Nov. 13 when the California Coastal Commission delayed a vote to approve the project.The project is the second major desalination plant being planned in the state by Poseidon Water, Boston. The first, in Carlsbad, is a 54 mgd plant that is currently under construction (ENR Oct. 21 p.32) and expected to be completed in 2015.The coastal commissioners
Public Citizen, a citizens advocacy group, has raised questions about the quality of the construction on the southern leg of the Keystone XL pipeline, which runs from Cushing, Okla., to refineries along the Gulf Coast of Texas. The segment is expected to begin operating by the end of the year.
Related Links: Transcript of oral arguments in Unite Here Local 355 v. Mulhall Link to briefs in case During oral arguments on Nov. 14 in one of the most important labor cases before the U.S. Supreme Court this term, the justices seemed skeptical about the claim that employers' “neutrality” agreements with unions violate federal labor law.The case, Unite Here Local 355 v. Mulhall, centers on whether an employer's agreement to remain neutral during a union organizing campaign is legal under the Labor Management Relations Act (LMRA). Neutrality agreements are widely used in the service and hospitality industries and sometimes in
Related Links: Following Collapse, Philadelphia Tightening Demolition Standards Link to OSHA citation for Campbell Construction Link to OSHA Citation for S&R Contracting The U.S. Labor Dept.’s Occupational Safety and Health Administration has issued citations and proposed fines for two individuals involved in a June 5 Philadelphia building collapse, which killed six people and injured 14. Griffin Campbell, doing business as Campbell Construction, and Sean Benschop, doing business as S&R Contracting, both of Philadelphia, have 15 days to contest the citations, David Michaels, assistant secretary of labor for occupational safety and health, told reporters on Nov. 14. “If the two employers
Related Links: ACEEE analysis of Shaheen-Portman bill's impact Senators Optimistic About Prospects for Energy-Effiency Bill Construction officials were optimistic this spring, when a Senate committee approved an energy-efficiency bill with features deemed favorable to the industry. However, the measure may not make it to the Senate floor for a full vote by the end of the calendar year, observers say.For one thing, time is limited. The Senate is scheduled to be in session for only about a dozen days before the end of December. "I think it will fall into next year," says Steven Nadel, executive director of the American
Related Links: Nov. 1 Executive Order on Climate Change Panel Climate Change Plan Offers Opportunities for Innovation President Obama has issued a directive that establishes a task force comprising state, local and tribal leaders to recommend ways to address the impact of climate change. One goal is to make infrastructure more resilient.In a Nov. 1 executive order, Obama said the 26-member panel, whose members include California Gov. Jerry Brown (D) and Carmel, Ind., Mayor James Brainard (R), would advise the administration on reducing barriers to fund resilient infrastructure, modernizing federal grants to support local efforts and developing data and other
Related Links: U.S. District Judge Reggie Walton's Oct. 29 Memorandum American Coal Ash Association's Coal Ash Facts A federal judge has given the U.S. Environmental Protection Agency 60 days to set a date for finalizing a coal-ash regulation. In an Oct. 29 memorandum, Reggie Walton, a district judge for the District of Columbia, said EPA must submit a proposal to the court for setting a release date for the controversial rule. The EPA proposed the regulation in 2010.Environmental groups have argued that coal ash should be designated a hazardous waste under the Resource Conservation and Recovery Act (RCRA). But construction
