Related Links: Supreme Court Upholds Air Transport Rule; Impact Uncertain Background on EPA CSAPR The U.S. Environmental Protection Agency has asked the U.S. Court of Appeals for the District of Columbia Circuit to lift a stay on the cross-state air-pollution regulation and delay compliance deadlines by three years.The U.S. Supreme Court on April 29 upheld EPA's authority to issue the rule, which requires several states and the district to develop plans to curb air pollutants that travel downwind to other states. The rule is significant for engineering and construction firms that help states develop implemen- tation plans and utilities install

Related Links: Website on Gulf Coast Early Restoration Phase III Program June 26 Federal Register Notice Officials overseeing the restoration of the Gulf of Mexico following the 2010 BP Deepwater Horizon oil spill have endorsed 44 coastal projects totaling $627 million. Almost half the funds would go toward rebuilding barrier islands and shorelines in Louisiana. The projects will be financed largely by a $1-billion fund that BP set up.Officials from Louisiana, Mississippi, Alabama, Florida and federal agencies serving as public trustees in the Natural Resource Damage Assessment (NRDA) process on June 26 approved the programmatic environmental impact statement for the

Related Links: Description of Wyden's revised trust-fund-fix proposal (6/26/2014) DOT Secretary Foxx's July 1 letter to state DOTs outlining new highway reimbursement plan As the Highway Trust Fund's looming shortfall sparks a U.S. Dept. of Transportation cash-conserving plan, construction and state transportation officials will have to wait a bit longer for the Senate Finance Committee to act on a short-term rescue for the diminishing fund.WYDENCommittee Chairman Ron Wyden (D-Ore.) postponed until the week of July 7 a slated June 26 committee vote on his proposed $9-billion trust-fund infusion. But indications are that the extra time will help build a bipartisan

Related Links: Text of Supreme Court NLRB v. Noel Canning decision (majority and concurring opinions) High Court Rules Against Obama on NLRB Recess Appointments Nation's High Court Hears Recess Appointment Case (enr.com 1/14/2014) [subscription] The National Labor Relations Board will be poring over more than 400 decisions, from 2012 and 2013, in the wake of the U.S. Supreme Court's unanimous June 26 ruling that President Obama exceeded his authority in naming three members to the board during a three-day break between Senate sessions.But the court's unanimity about that judgment veils a split. Five justices signed on to the majority opinion.

Related Links: Copy Of Class-Action Lawsuit Elk River Chemical Spill Triggers Lawsuits, Investigations A uniquely designed airport built in 1947 in Charleston, W.Va., has been swept up in the flurry of litigation surrounding a January incident that spilled 10,000 gallons of chemicals into the Elk River, contaminating the water supply of over 300,000 residents in nine counties. The federal class-action lawsuit, filed on June 20 in Southern West Virginia District Court, claims Triad Engineering and excavation contractor Cast & Baker were environmentally negligent on a Yeager Airport runway extension project, finished in 2011.The 10 residents and four businesses listed in

Related Links: Foxx's letter to state DOTs As the Highway Trust Fund slips toward a deficit, the U.S. Dept. of Transportation has laid out a detailed plan to conserve its cash by slowing down aid distributions to states in August.DOT Secretary Anthony Foxx notified state DOTs on July 1 that unless Congress adds revenue to the trust fund, his department will cease its current daily reimbursements on Aug. 8 and instead shift to twice-a-month distributions.President Obama weighed in on the issue in a July 1 speech in Washington, D.C. With the Key Bridge across the Potomac River as a backdrop, Obama said,

Related Links: Water Industry Awaits WRRDAs New WIFIA Loan Program New Water-Resources Bill Sails Toward Enactment The U.S. Army Corps of Engineers is beginning to explore the use of public-private partnerships to repair the nation's aging infrastructure."The federal government can't do this on their own," said Lt. Gen. Thomas Bostick, the Army's Chief of Engineers and the Corps commanding general. "We have $1.5 billion to put into projects this year, and we'd need $23.5 billion to finish the projects we're working on at the pace they are being appropriated," he added. "There's only so much that can be done through

Related Links: Text of court's decision in NLRB v. Noel Canning Supreme Court to Hear NLRB Recess-Appointment Case (enr.com 6/25/2013) [subscription] The U.S. Supreme Court has ruled unanimously that President Obama exceeded his authority when he named three members to the National Labor Relations Board in January 2012 during a three-day break between Senate sessions.But the court’s unanimity about that judgment thinly veils a split. Five justices signed on to the majority opinion. The other four, though concurring that Obama went beyond his powers, said the majority should have gone much further in limiting presidential authority.The ruling calls into question

Photo Courtesy Sunflower Electric Power Corp. Utility's proposal would add 895- MW unit to the 362-MW Holcomb station. Related Links: Kansas Power Operator Will Challenge Air-Quality Decision Kansas Governor Vetoes Project A coal-fired powerplant project in Kansas that had been curtailed because of environment-based opposition has received a renewed lease on life with approval by the state's top environmental regulator. But the plant's opponents are not discouraged and cite many obstacles the project must overcome before ground can be broken.On May 30, the Kansas Dept. of Health and Environment (KDHE) issued the air-quality-permit addendum for the 895-MW Holcomb 2 powerplant

Related Links: Summary of Wyden's trust-fund proposal Sen. Orrin Hatch's comment on Wyden's plan Senate Finance Committee Chairman Ron Wyden (D-Ore.) has proposed a way to shore up the teetering Highway Trust Fund, but just through Dec. 31. His solution is a group of revenue raisers, including a higher tax on heavy trucks, to pull in $9 billion over 10 years.But Finance's top Republican, Orrin Hatch (Utah), finds fault with Wyden's plan, which the committee was slated to take up on June 26. Hatch said Wyden's proposal isn't bipartisan, despite weeks of negotiations. Hatch said he would work with Wyden