With Wilma Liebman's departure as the National Labor Relations Board chairwoman in late August, when her term expired, the five-member board is now down to three members, the minimum needed to issue major rulings. But that number could be down to two by 2012.“It's just so uncertain what's going to happen with the [board's] composition,” says Denise Gold, the Associated General Contractors of America's associate general counsel.Board member Craig Becker, a Democrat, is serving under a recess appointment that extends only until the end of December. President Obama has nominated Becker twice for full NLRB terms, but a Senate vote

White House photo/Chuck Kennedy Obama, with DOT Secretary LaHood and engineering and construction workers behind him, urges Congress to pass transportation bills. Related Links: Read Obama's remarks on transportation bills Obama memorandum on expediting priority infrastructure projects President Obama has called on congressional lawmakers to pass bills to extend surface-transportation and aviation programs “as soon as they come back” from the August break.The seventh stopgap highway-transit authorization since 2009 is set to expire on Sept. 30 and the 21st Federal Aviation Administration extension since 2007 is slated to lapse on Sept. 16.In remarks delivered on Aug. 31 in the White

State transportation officials and construction firms are hoping that shortly after Congress returns from its summer recess, lawmakers will extend the federal motor-fuels tax as well as the federal highway and transit programs. But Congress will have to move quickly: When legislators go back into session after Labor Day, there will be only 11 legislative days before the gas-tax and highway-transit authorizations expire on Sept. 30.Industry officials are hopeful Congress will act in time. Greg Cohen, president of the American Highway Users Alliance, says, "I think there's broad agreement on the need to extend the gas tax. it's not controversial."

Construction groups are pleased that the Environmental Protection Agency will revisit a proposed rule specifying how much sediment stormwater runoff from construction sites can contain.The EPA announced on Aug. 17 that it would reconsider a proposed new limit so it could gather more data from construction sites “to ensure that these standards to protect Americans' water quality from harmful pollution are flexible and achievable.”But industry officials are unhappy that the EPA still plans to set a nationwide numeric limit on how turbid the water discharged from construction sites can be. Industry officials claim that approach would be difficult to achieve

A federal district court has dismissed a class action lawsuit filed by Henry Gifford, owner of New York-based Gifford Fuel Savings Inc., and others who claimed that the U.S. Green Building Council made false claims to consumers.In an Aug. 17 ruling, the U.S. District Court for the Southern District of New York said that Gifford and the other plaintiffs lacked the legal standing to sue because they do not compete with the USGBC. As a result, the court did not address the broader question of the credibility of the organization's claims about the energy efficiency of buildings it certifies under

Related Links: OMB Director Lew's memo to agencies (pdf) In another example of how federal spending has tightened, the Office of Management and Budget has instructed federal departments and agencies to develop budget proposals for fiscal year 2013 that reflect cuts of 5% and 10% from enacted 2011 levels. In an Aug. 17 memo to department and agency heads, OMB Director Jacob J. Lew noted the discretionary-spending caps and 10-year, $2.4-trillion deficit-reduction target set in the recently enacted Budget Control Act of 2011.“By providing budgets pegged to these two [5% and 10%] scenarios, you will provide the President with the

U.S. Army Army has some renewable-energy installations in place, such as solar array (above) at Fort Carson, Colo., but now plans major expansion for renewables. Related Links: DOD press release on new energy task force GAO's 2010 briefing for Congress on DOD's renewable-energy initiatives The U.S. Army, aiming to boost its use of renewable energy, such as solar and wind power, is setting up a new task force to help it reach the ambitious goal of deriving 25% of its domestic-use energy from renewables by 2025, up from just 2% now.The Army estimates it will cost as much as $7.1

The Senate on August 5 approved by unanimous consent a Federal Aviation Administration stopgap bill that keeps the agency funded through Sept. 16.The bill is the measure that passed the House on July 20 and includes a controversial rider that trims the Essential Air Service (EAS) program, which subsidizes flights to rural airports.Passage of the bill ends a congressional stalemate—at least for now—that had forced the FAA to issue stop-work orders on more than 200 airport projects, including a number of construction and engineering projects.Senate Majority Leader Harry Reid announced on August 4 that Senate leaders had broken through the

Related Links: USA Today Editorial: Fight Over FAA Squanders Millions An 11th-hour attempt failed to break a deadlock over a short-term Federal Aviation Administration bill before the August congressional recess began on Aug. 2, raising the prospect of a extended, severe cutback to airport construction around the country.Since the last aviation stopgap expired at midnight on July 26, FAA has had to issue stop-work orders for $10.5 billion in contracts, including nearly $800 million in airport construction projects that were under way.In a second blow to construction, the lack of a new bill prevents FAA from approving new Airport Improvement

Related Links: Congressional Budget Office analysis of Budget Control Act of 2011 Text of Budget Control Act of 2011 After weeks of partisan battles on Capitol Hill, Congress averted a government default by passing legislation to boost the government’s debt limit and trim its budget deficit.Construction industry officials had feared default would have led to widespread interest-rate hikes and a slowdown in project financing and new projects.President Obama signed the measure, the Budget Control Act of 2011, on Aug. 2, a few hours after the Senate approved it by a 74-26 vote. The House had cleared the measure one day