窪蹋勛圖厙 of America submitted a joint amicus brief to the U.S. Supreme Court on September 4, joining forces with the U.S. Chamber of Commerce and other business groups. The brief urges the Court to reverse a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that dramatically expands the scope of environmental review under the National Environmental Policy Act (NEPA). 窪蹋勛圖厙 warns that the D.C. Circuits decision, if left in place, would set a dangerous precedent, forcing government agencies to evaluate environmental impacts far beyond their regulatory scope, creating unnecessary hurdles for construction projects across the country.
On August 27, the White Houses Office of Management and Budget (OMB) responded to 窪蹋勛圖厙s request to review the Build America, Buy America Act (BABAA) information collection procedures of 19 different federal agencies. OMB indicated that the 19 agencies, which had been identified as out of compliance with all requirements under the Paperwork Reduction Act (PRA), have addressed those concerns and are using approved forms for their information collections.
窪蹋勛圖厙 is excited to announce the launch of our new Judicial Advocacy news feed, a dedicated resource that keeps you informed about our ongoing efforts in the courts to protect and advance the interests of the construction industry. This feed will provide real-time updates on 窪蹋勛圖厙's legal actions and the critical issues we're addressing that could impact your business.
On August 22, the U.S. Department of Labor (DOL) officially filed a notice of their intent to appeal the recent motion for a nationwide preliminary injunction blocking the provisions being challenged by 窪蹋勛圖厙 to the DOLs expansion of Davis Bacon coverage. Pending any further action in court, the nationwide injunction remains in place. 窪蹋勛圖厙 originally filed a narrowly tailored lawsuit in federal court against the U.S. Department of Labor, challenging the agencys unlawful expansion of Davis Bacon coverage to:
窪蹋勛圖厙 joined a U.S. Chamber of Commerce-led amicus brief asking the U.S. Supreme Court to review an appeals court decision that creates roadblocks for trade associations and businesses challenging illegal federal agency actions.
A Texas federal judge has struck down the Federal Trade Commissions (FTC) recent rule banning post-separation non-compete agreements nationwide. The ban was originally slated to go into effect on September 4th, but employers can now continue to maintain non-competes as their state laws allow.
On August 2, 2024, 窪蹋勛圖厙 of America filed an amicus brief in a case concerning the scope of the "building and construction industry" exemption from multiemployer pension fund withdrawal liability under the Employee Retirement Income Security Act of 1974 (ERISA). The case, Walker Specialty Construction, Inc. v. Construction Industry & Laborers Joint Pension Trust for Southern Nevada et al. is pending in the U.S. Court of Appeals for the Ninth Circuit. The brief supports Walker Specialty Constructions (Walker) argument that demolition and abatement work fall within the exemption.
With the addition of two new federal bid protests, 窪蹋勛圖厙 is aware that four 窪蹋勛圖厙-member construction firms have now filed federal bid protests objecting to project solicitations that require a project labor agreement (PLA). All four protests have led the government to voluntarily suspend the contract awards for the procurements while the protests are still pending. As reported recently in this article, the protests utilize a legal theory that 窪蹋勛圖厙 helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.
The U.S. Supreme Court will hear a case later this year on whether Clean Water Act (CWA) NPDES (National Pollutant Discharge Elimination System) permits can include generic prohibitions that threaten the certainty that construction companies need to comply with environmental requirements. 窪蹋勛圖厙 recently submitted a friend of the court brief advocating for clarity to protect contractors from enforcement and costly fines due to vague NPDES permit language. 窪蹋勛圖厙 seeks to ensure that the Supreme Courts decision preserves the successful permitting approaches used in construction general stormwater permits (CGP) issued by the U.S. EPA and states.
The U.S. Court of Appeals for the Fifth Circuit on July 19, 2024, granted the National Labor Relations Boards (NLRB or Board) motion to voluntarily dismiss its appeal of a district courts order to vacate the Boards 2023 joint employer rule. The vacatur was a major victory for 窪蹋勛圖厙 and its co-plaintiffs that initiated the lawsuit challenging the Boards regulatory effort to broaden the standard for determining when an employer may be deemed a joint employer of another companys employees.