High Court Strikes Down EPA’s Efforts to Expand Its Authority; ARTBA and NSSGA Partnered During Legal Battle

The U.S. Environmental Protection Agency’s (EPA) campaign to regulate all U.S. ditches hit another roadblock May 25. The U.S. Supreme Court agreed with the American Road & Transportation Builders Association (ARTBA) and the National Stone, Sand & Gravel Association (NSSGA) that the agency exceeded its authority in developing new wetlands regulations.

The decision potentially means EPA will need to rewrite its “Waters of the United States (WOTUS)” rule, which has led to permitting delays for transportation projects.

At issue in Sackett vs. EPA was whether the agency could require a permit for any area with a “significant nexus” to a navigable waterbody, such as a river, lake or stream. The EPA never defined “significant nexus,” causing confusion for the entire transportation construction industry.

The Court called the “significant nexus” test “particularly implausible” and held the EPA has “no statutory basis to impose it.”

In their brief to the Court, ARTBA and  NSSGA critiqued the “significant nexus” test, noting it has “no inherent limiting principles” and empowers federal agencies to assert federal jurisdiction “well beyond the limits set by Congress.”

ARTBA and NSSGA maintained that defining WOTUS in such an expansive way improperly creates permit obligations for features such as roadside ditches, which serve the necessary safety function of collecting water during and after rain events. This type of overregulation serves only to delay critical infrastructure improvements and increases costs without providing any environmental benefits, the groups say.

“Today’s Supreme Court decision removes un-necessary and un-supportable impediments to transportation improvements across the country,” said ARTBA President & CEO David Bauer. “With Sackett as a guide, we urge the EPA to pursue common sense strategies that complement our nation’s infrastructure and environmental goals.”

“Today’s opinion in Sackett v EPA is a victory for our industry and is a major step towards a more reasonable definition of WOTUS, which our members have struggled with for years and was exacerbated by the premature and confusing Biden administration rule. With the end of significant nexus, we hope that the agencies heed this decision and work for a truly durable rule,” said NSSGA President and CEO Michael Johnson. “A clearer WOTUS definition is necessary for our industry to provide the materials needed to build and modernize our country’s infrastructure in an environmentally friendly manner.”

ARTBA and NSSGA have been working together on the issue of CWA jurisdiction since 2005, along with other national association coalition allies. The groups have also been involved in federal district court litigation on the WOTUS rule since 2015. With the clarity provided by Sackett decision in hand, the groups will continue their efforts to repeal the WOTUS rule and work towards a clear definition of the CWA’s reach.

It feels almost like a cop-out to write about workforce development here. I’m not telling you anything new by saying, depending on the region of North America you’re in, you’re probably struggling to find laborers, estimators, office workers or something in between.

What I’ll say instead is we have oodles of ideas in this industry for finding workers to fill jobs. You may be tasked with training the individual you hire into the construction workforce, but the humans are out there, and we need to attract them. We’ve got articles about that on TheAsphaltPro.com to help. Visit your local chamber of commerce, state asphalt pavement association, AGC regional association, and so on, for even more ideas.

Where to Find Workers Today, How to Retain Them for Tomorrow 

Now let’s talk about what we should be doing to attract the next generation. Not necessarily the kids in high school whose guidance counselors are falling asleep at the wheel. I’m talking about our grandkids. (In my case, this would be my nieces and nephew, all of whom have been inundated with random gifts of adorable construction stress-relief squishies and construction t-shirts over the years.)

About a decade ago, AsphaltPro Magazine and EZ Street teamed up to create a children’s activity book titled “Asphalt Lane,” in which Chip—a young haul truck—learns about paving. From safety in construction to how the plant works to how a road is paved, kids in elementary school learn alongside Chip. (You can order copies in bulk quantities to hand out at open house events, zoning meetings, Girl Scout campouts, first day of school, and so on. Visit TheAsphaltPro.com/asphalt-lane/.)

Asphalt Lane

Recently, IUPAT union member Marisa L. Richards released a children’s book that teaches girls they can grow up to build in our world. Her colorful hardcover features 16 construction “jobs” anyone can take on if they aren’t afraid of “a little hard work,” but she targets young ladies for our future in “Girls Who Build.” Each page has a rhyming couplet to catch kids’ attention while you read to them, too. If you’ll grant me a moment of personal privilege, I posted a review of the book on my BookTube channel, which you can watch here: https://youtu.be/HGk2eVQLoRk.

At press time, you can preorder the book on Amazon; it’s available after June 1. I highly recommend it for young elementary school kids. It’s another one that’s great to hand to a teacher for the first day back to school.

All this leads to a question. What are you doing to attract the next generation to our workforce? I know for a fact Ajax Paving Industries of Florida invited a Girl Scout troop to one of their facilities and gave the girls an awesome opportunity to see our industry up close. I bet you have some ideas, whether you’ve had the chance to implement them yet or not. You’ll see this post on LinkedIn and Facebook. I encourage you to get in on the discussion and to share ideas for recruiting now and into the future.

Stay Safe,

Sandy Lender

Three dozen emerging leaders in the transportation design and construction industry completed an intensive introduction to federal legislative and regulatory issues May 15-17 during the American Road & Transportation Builders Association (ARTBA) Foundation’s Industry Leader Development Program (ILDP).

The annual event, held in conjunction with ARTBA’s Federal Issues Program and the Transportation Construction Coalition (TCC) Fly-In, also featured policy discussions with congressional staff and Federal Highway Administration (FHWA) officials.

More than 800 graduates from over 200 industry firms and public agencies have completed the ILDP since 1996.  HNTB, one of the world’s leading infrastructure firms, is the program’s exclusive sponsor.

The ILDP provides participants with a solid understanding of industry economics, how transportation work in the U.S. is funded and financed, how actions by the federal government impact the industry, and how they—and their company or agency—can become politically engaged.  As part of the program, graduates meet with their members of Congress to discuss transportation policy issues.

The three-day event included a session on implementation of the Infrastructure Investment and Jobs Act and mentoring and career development sessions led by ARTBA Chair Paula Hammond, senior vice president, WSP USA and ARTBA Senior Vice Chair Tim Duit, president, Duit Holdings.

The 2023 class included:

• Conrad Althoff, assistant project manager, Branch Civil, Inc., Roanoke, Va.
• Matt Baldwin, assistant vice president/ senior project manager, TranSystems Corporation, Geneva, Ill.
• Ricardo “Rick” Betancourt, director of construction, Texas Department of Transportation Odessa District, Odessa, Texas
• Brian Binder, director of project controls, Branch Civil, Inc., Glen Allen, Va.
• Kyle Burdi, project manager, Union Paving and Construction Co. Inc., Mountainside, N.J.
• Jennifer Budd, partner, Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Philadelphia, Pa.
• Mark Campbell, pursuit manager, Lane Construction, Cheshire, Conn.
• John Cappello, regional rales manager, HCSS, Sugar Land, Texas
• Clayton Cross, area manager, Ajax Paving Industries of FL, LLC, North Venice, Fla.
• Matthew Doss, commercial business development manager, Commercial Metals Company (CMC), Ellijay, Ga.
• Daniel Drury, commercial manager, Skanska USA Civil, Queens, N.Y.
• Jason Duncan, deputy director, construction division, Texas Department of Transportation, Austin, Texas
• Jaime Franchi, communications and government affairs director, Long Island Contractors’ Association, Melville, N.Y.
• Tabia Gamble, transportation planner, STV Inc., Owings Mills, Md.
• Gregory Gharib, senior program director, Parsons, Pasadena, Calif.
• Scott Gutowski, office manager / senior geotechnical engineer, Terracon Consultants, Inc., Charlotte, N.C.
• Michael Hadden, estimating manager, Skanska USA Civil, Waltham, Mass.
• Scott Harley, regional team leader, CDM Smith, East Hartford, Conn.
• Matthew Hearn, senior project manager, HNTB Corporation, Washington, DC
• Seneca House, senior project manager, Parsons Corporation, Miami, Fla.
• Alexander Jones, engineer 1, Rogers Group Inc., Columbia, Tenn.
• Bryan Jones, division president, HNTB Corporation, Arlington, Va.
• Erdal Karataylioglu, engineering manager, Parsons Corporation, Richardson, Texas
• George Lane-Roberts, alternative delivery & preconstruction manager, J. Banicki Construction, Inc. Phoenix, Ariz.
• Stephen Lowrey, director of performance, APAC-Atlantic, Inc., Knoxville, Tenn.
• Crystal Lui, senior bridge engineer II, TY Lin, San Francisco, Calif.
• Bryan Lutz, director of construction, Texas Department of Transportation, Tyler, Texas
• Katie Peabody, customer success manager, HaulHub, Inc., Boston, Mass.
• Krista Putrino, VP, director of strategic business development & sales, New York Metro/ Trans. Global Business Line, AECOM, New York, N.Y.
• Fernando Pizarro Quintanar, project director, Cintra, Austin, Texas
• Ryan Russell, VP – construction performance, CRH Americas Materials, Nampa, Idaho
• Luke Schweinsberg, project manager, Ralph L. Wadsworth Construction, Draper, Utah
• Bryan Smith, design build project manager, Wagman Heavy Civil, Inc. York, Pa.
• Patrick Son, senior project manager, roadway, Gannett Fleming Inc., Washington, DC
• James Thomas, supervising engineer, Parsons, Centreville, Va.

In the first of what will likely be many statements from industry stakeholders on the “Buy Clean” framework update, the BlueGreen Alliance released this information May 16:

Today the U.S. General Services Administration (GSA) announced a six-month pilot of new requirements for the procurement of low-embodied carbon (LEC) materials as funded by the Inflation Reduction Act. The GSA received $2.15 billion to prioritize the purchase of LEC glass, asphalt, concrete, and steel, which collectively account for nearly half of all U.S. manufacturing greenhouse gas (GHG) emissions, and represent 98% of the government’s purchased construction materials.

The six-month pilot was developed in coordination with the U.S. Department of Transportation’s (DOT) Federal Highway Administration, the U.S. Environmental Protection Agency (EPA), and other key departments and offices within the Biden administration and will go into effect immediately at eleven new GSA projects. For related information on setting Buy Clean steel standards, see this blog post by BlueGreen Alliance Policy Advisor Charlie Martin.

The announcement highlights the coordination between administration offices and agencies, noting that these pilot requirements are part of a holistic strategy that includes a similar procurement effort at DOT, EPA’s work on low-carbon labeling for construction materials, and the U.S. Department of Energy’s $6 billion Advanced Industrial Facilities Deployment Program. This strategy seeks to combine direct investment, data transparency and disclosure, and pilot procurement programs to support a cleaner and stronger U.S. industrial base for the clean economy.

Following the announcement, the BlueGreen Alliance released a statement from Executive Director Jason Walsh:

“We applaud the GSA for their thoughtful leadership and for incorporating stakeholder feedback into this new, updated Buy Clean framework. Getting these policies right today will help to ensure a livable climate, cleaner air, and more manufacturing jobs for U.S. workers tomorrow. With this release, GSA and the Biden administration are taking decisive steps to help ensure that federal procurement—like all federal activities—serves to reduce GHG emissions, improve health and environmental outcomes in communities harmed by environmental injustice, and create good jobs for workers across the United States.

“We encourage the EPA to move expeditiously and provide manufacturers the technical assistance and funding support needed to accurately report their emissions in environmental product declarations—a prerequisite for effective Buy Clean policies. With transparent data and smart requirements for procurement, we can revitalize U.S. manufacturing while reducing industrial pollution and investing in hard-hit communities.”

The National Asphalt Pavement Association (NAPA) welcomes two new partner companies—Colorbiotics and George Reed, Inc.—in its industry-wide vision for sustainable communities and commerce, The Road Forward. Their investments in The Road Forward will help fund ongoing efforts to engage, educate, and empower the U.S. asphalt community to produce and construct net zero carbon emission asphalt pavements by 2050.

Colorbiotics impacts multiple industries, including asphalt additives and topicals, to promote the expansion of sustainability. Headquartered in Ames, Iowa, they use a specially developed science built from soybeans to efficiently restore flexibility of reclaimed asphalt pavement (RAP) and extend the service life of asphalt products. This environmentally friendly soybean technology is the first rejuvenator that works at the molecular level, transforming a mix of up to 45% RAP from the inside out to reverse the effects of oxidation and make what was old new again.

An Associate member of NAPA since 2020, Colorbiotics has committed to The Road Forward for two years to help further their mission and continue to find more sustainable solutions.

“Colorbiotics is excited to do its part in educating the industry about carbon emissions. Partnering with this NAPA initiative fits with the steps our company is taking to develop products that will help lower the carbon footprint, from our state-of-the-art plastic recycling facility to developing soybean-based science that increases RAP usage, while also being 100% USDA biobased certified,” said Kent Rotert, Vice President of Colorbiotics. “The Road Forward is at the heart of what we do day after day.”

“We are grateful to Colorbiotics and George Reed, Inc. for their support of The Road Forward and the sustainability leadership they demonstrate within their unique companies,” remarked NAPA President & CEO Audrey Copeland, PhD, PE. “The combined legacy and innovation espoused by these two companies advances our collective efforts to reach net zero by 2050.”

The Road Forward is comprised of four industry goals, supported by 19 tactics, with investments in research, implementation, and ongoing education across all facets of the asphalt pavement industry. The initiative brings together the entire U.S. asphalt community, from companies like Colorbiotics and George Reed, Inc. to road owners and agencies at all levels. The Road Forward Partners actively support this work through financial contributions, leadership, and expertise. 2023 Partnerships are available to NAPA member companies through August 1.

Visit AsphaltPavement.org/Forward to learn more about the initiative, access the latest research, and become a supporting Partner.

The Association of Equipment Manufacturers (AEM) released a study outlining how construction equipment technologies have advanced the construction industry and benefited a wide range of stakeholders, from contractors, to owners, to society as a whole.

The Benefits of Construction Equipment Technologies and Their Impact on Society details four construction equipment technologies that play critical roles in advancing the industry, and thereby enabling benefits to productivity and performance, planet and environment, as well as people and safety.

The trends identified in the study are: machine and grade control, engines and drivetrains, digital control systems and machine telematics.

“Today’s equipment offers incredible technologies for operators, and it’s critically important for industry stakeholders to learn how to leverage them effectively and maximize their potential,” said AEM Vice President of Construction and Utility John Somers. “In releasing this study, we are not only showcasing how today’s construction equipment continues to advance our industry, but also highlighting the benefits of contractors and equipment owners adopting leading technology as part of their business practices.”

The newly released Benefits of Construction Equipment Technologies and Their Impact on Society study provides:

• An overview of the construction industry as it stands today
• Highlights of recent improvements seen in the industry
• An outline of four key construction equipment technologies benefiting industry stakeholders and society
• Case studies illustrating the impact of these technologies

“Technology has revolutionized the construction equipment industry, enabling us to design and manufacture machines that are smarter, safer, and more sustainable than ever before,” said John Deere Vice President, Production Systems, Sales & Marketing Jason Daly. “By embracing these technologies, the construction industry will continue to evolve and revolutionize how we design, build and maintain the world around us.”

As detailed in the Benefits of Construction Equipment Technologies and Their Impact on Society, from automated functions and telematics to cleaner and more fuel efficient engines, technological innovations have significantly enhanced productivity, reduced downtime, increased safety, and improved overall project outcomes.

“Technology has a critical role to play in addressing the many challenges faced by our industry, including the ongoing shortage of skilled workers, cost inflation, project schedule and cost overruns and our industry’s carbon footprint”, said Trimble Senior Vice President, Buildings & Infrastructure Peter Large. “While we have come a long way in our digital transformation journey, the productivity, first-time quality, safety and sustainability benefits of full equipment technology implementation for all stakeholders are not only highly compelling, they are becoming increasingly essential to our future.”

As innovation accelerates in the coming years, OEMs, technology providers, and tier 1 component suppliers will continue to develop the next generation of technology that will support industry stakeholders and beyond.

Additional support comes through positive and supportive public policy, including:

• Strategic use of state and federal funding to create efficiencies and long-term ROI
• Incentives to drive adoption of new technology throughout the construction industry
• Education of stakeholders on benefits of construction equipment technology and their significant impact
• Assurance that the enabling infrastructure is in place to support implementation of technology

The adoption and implementation of next generation technology, along with existing construction equipment technologies, will drive additional benefits in productivity and performance, planet and environment, as well as people and safety.

On Display: Showcasing the Latest Trends and Advancements in Construction Technology

Equipment manufacturers, technology providers and the construction industry are bringing aspects of the study to life May 14 -16 at the Celebration of Construction on the National Mall (link) in Washington D.C.

Twenty-four participating AEM members will showcase cutting-edge innovations, including alternatively powered equipment, autonomous systems with live demonstrations and an array of other tools that are enabling the construction industry to sustainably build the infrastructure that makes modern society possible. Seventeen partnering organizations are set to add their voice to this incredible story.

Exhibits focusing on workforce development, worker safety, sustainable materials and best practices are completing the tapestry that is modern construction. AEM, member companies and partner organizations are using the three-day event as an opportunity to amplify the construction sector, its efforts in innovation and sustainability, as well as its positive impact on the American economy.