The U.S. Fish and Wildlife Service (U.S. FWS) has undertaken several recent policy changes related to the incidental take (injury or harm) of migratory birds. On October 4, the Service officially reversed the Trump Administration鈥檚 policy that decriminalized take that was incidental (not the intended action) to an otherwise lawful activity. The Service also recently released a Director鈥檚 Order on Incidental Take (No. 225) to address how they plan to approach incidental take implementation and enforcement. Lastly, the Service released an advanced notice of proposed rulemaking (ANRPM) to solicit feedback on a potential permitting program that would authorize the incidental take of migratory birds. Feedback is due December 3.
Provides Additional Information on Religious Objections to Workplace Vaccine Requirements
Only 16 states and the District of Columbia have added construction jobs since just before the start of the pandemic in February 2020, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials noted that prospects for the sector鈥檚 recovery will be diminished should the House-passed Build Back Better bill become law.
Each year, 91短视频 seeks nominations for qualified and motivated individuals from the 91短视频 Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in 91短视频 of America鈥檚 environmental advocacy, education and outreach efforts? If so, please respond to 91短视频鈥檚 call for volunteers and complete this form signifying your interest. The Volunteer Interest Form is also available through your 91短视频 profile.
On October 21, 2021, the U.S. District Court for the Northern District of California聽vacated聽the 2020 State Water Quality Certification (WQC) Rule, which is considered to apply nationwide. 聽Subsequently, some U.S. Army Corps of Engineers Districts have advised permittees that they will not finalize permit decisions that rely on a Clean Water Act (CWA) Section 401 WQC or a waiver under the now vacated 2020 State WQC rule (click聽here聽for an example, scroll to 鈥淟atest News鈥).聽 This halt in permitting appeared to include the use of聽sixteen聽CWA Section 404 Nationwide Permits that the Corps finalized earlier this year. 聽Update: On Dec. 2, the Corps posted a notice on its website that it had resumed making decisions on all permit applications and requests for nationwide permit verifications.
Biden Administration Expected to Challenge
On November 15, 91短视频, along with industry allies, filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit challenging the recent OSHA COVID-19 emergency temporary standard (ETS). The suit highlights the many efforts the construction industry has collectively engaged in to combat COVID-19, including funding public service announcements and other proactive measures to encourage contractors to protect their workers throughout the pandemic. It also makes clear that the challenge is not in opposition to the ETS鈥檚 objective to get more people vaccinated, but the negative economic impact such a mandate will have on the construction industry and the fact that it exceeds the statutory authority of the U.S. Department of Labor. In all, there were 34 cases filed in 12 different circuits. On November 16, the U.S. Court of Appeals for the Sixth Circuit was randomly selected to consolidate all the cases.
On Nov. 10, the general counsel鈥檚 office of the National Labor Relations Board issued a memo expressing the position that employers have both decisional and effects bargaining obligations in relation to implementation of OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus (鈥淓TS鈥). Although the ETS is currently on hold, the memo is valuable for what it reveals about the office鈥檚 views on employers鈥 duty to bargain over government mandates generally.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., Open Shop contractors anticipate skilled craft hourly wage increases of 3.01% in 2021 (3.21% excluding zeros). Actual increases for 2020 were 2.88% (including zeros) and 3.41% (excluding zeros). These increases are across the board for all craft, contractor types, sizes, and regions of the country. WorldatWork reports 2021 actual construction increases at 3.4% for Non-exempt Hourly Non-union positions. Historically, projected numbers are slightly lower than the actual year end figure.
Provides Additional Information on Religious Objections to Workplace Vaccine Requirements