On August 1, the proposed rule on Sustainable Procurement was issued that will, among other things, require all federal agencies to prioritize the procurement of sustainable products and services “to the maximum extent practicable.” While the proposed rule largely consolidates existing requirements for federal agencies and federal contractors, the proposed rule allows for greater enforcement by contracting officers. Currently, federal agencies are required to ensure that 95 percent of new contracts use products or services that are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, or made with recovered materials. Additionally, the proposed rule directs federal agencies to follow EPA’s Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing. Public comments are due October 2, 2023.

The U.S. Department of Labor (DOL) just announced a massive final rule “Updating the Davis-Bacon and Related Acts Regulations.” The final rule extensively updates regulations issued under the Davis-Bacon and Related Acts that set forth rules for the administration and enforcement of the Davis-Bacon labor standards that apply to Federal and federally assisted construction projects.

Department of Labor Issues Final Rule on the Davis-Bacon and Related Acts Which Covers Labor Standards That Apply to Federal and Federally Assisted Construction Projects

The Biden Administration has proposed new changes to a suite of rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA). The proposed revisions reverse reforms made by the prior administration to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for projects that involve federal permits or funding. One change, in particular, would upend longstanding policy and require offsets to any impacts that cannot be avoided through the “reasonable and prudent measures” (RPMs) that project proponents currently employ. A summary of the proposed changes follows below.

The construction industry added 19,000 jobs in July even as the sector’s unemployment rate increased, according to an analysis of new government data the Associated General Contractors of America released today. Association officials noted that tight labor conditions are bringing more previously employed construction workers back into the job market as firms continue to boost pay levels.

The White House Council on Environmental Quality proposed rule ignores recent NEPA amendments included in the debt limit deal.

The House votes to repeal a U.S. Fish and Wildlife Service (FWS) rule. As a result of the rule, at least 3,000 projects already under construction will have to re-do their Endangered Species Act consultations, threatening schedules and even project feasibility.

Two Pittsburgh area 鶹Ƶchapters, the Master Builders’ Association of Western Pennsylvania (MBA) and the Constructors Association of Western Pennsylvania (CAWP), have teamed together to launch a new mental health initiative for the Pittsburgh area construction industry. By posing a simple question, "Yinz Good?" (Pittsburghese for "Are you okay?"), the initiative encourages individuals to engage in conversations about mental health and eliminate the stigma surrounding mental health issues in the workplace.