Federal Courts in both Texas and Kentucky have now ruled that the Federal Highway Administration (FHWA) lacks the statutory authority to impose a Biden administration greenhouse gas (GHG) performance mandate on state transportation departments. The rulings invalidate the FHWA regulation, affirming that states have the autonomy to pursue their own environmental policies when it comes to GHG emissions. While the federal government may choose to appeal the rulings or deploy other legal strategies, the new regulation will not take effect as FHWA had planned.


View More

I realize after watching another last-minute showdown to fund the government and yet another year Congress failed to do their job passing the 13 appropriations bills, it’s clearly all about the money. Who me, naïve?

Members of Congress managed to keep the government funded before heading out for a two- week recess, but there are still plenty of things happening within federal agencies.

When it comes to government funding, there are still plenty of ways members were able to steer funds to key projects in their home states and districts. Farm-state lawmakers guided more than $753 million in USDA funding in this fiscal year’s $26.22 billion Agriculture appropriations bill. More funds are needed to restore the sad state of America’s rural roads, bridges and culverts. And a quick look at the priorities of what the people who build and support the safety of America’s dams are: more money!

What about the funds that will be needed to fix the Key Bridge, about 20 miles from where I sit now? New construction technology, incentive contracts, state and local partnerships and global engineering will all be applied to rebuild the bridge in record time.

Farm-state lawmakers are guiding more than $753 million in USDA funding to their home states in this fiscal year’s $26.22 billion Agriculture appropriations bill through a system that allows them to direct money to research facilities, hospitals, community buildings and other projects their constituents want.


View More

The dedicated people that build and maintain our local dams have one thing in common with farm groups, rural leaders, roadbuilders when it comes to Washington: the call for increased funding. Here are the top priorities of ASDSO:

• Increased appropriations for the National Dam Safety Program.

• Program revisions and full appropriations for the National High-Hazard Potential Dam Rehabilitation Act.

• Increased appropriations to continue the success of the USDA Small Watershed Dam Rehabilitation Program.

• Support and appropriations for the National Levee Safety Program.

• Support for State Dam Safety Programs including strong statutes, funding and staffing.

Its been a few months since we talked about WOTUS. In January 2023, the EPA and the U.S. Army Corps of Engineers finalized a new WOTUS rulemaking that replaced the 2020 navigable Waters Protection Rule. In their new rule, the agencies doubled down on the unworkable “significant nexus test” and created more risk and uncertainty for farmers and other landowners. The Farm Bureau and other allies sued the EPA and the Corps over the 2023 WOTUS Rule. District Court rulings have prevented the 2023 Rule from going into effect in 27 states. The litigation is still ongoing, but a May 2023 Supreme Court decision in Sackett v. EPA forced EPA and the Corps to make revisions to their 2023 Rule.

President Biden recently signed Fiscal Year (FY) 2024 appropriations legislation into law that provides funding for several federal agencies, including the U.S. Department of Agriculture, the U.S. Environmental Protection Agency, and the U.S. Department of the Interior. NACD appreciates that the enactment of final federal spending legislation prevents a government shutdown and ends temporary funding measures but is disappointed that it reduces funding for the Natural Resources Conservation Service (NRCS), the U.S. Forest Service (USFS), and several programs and accounts that are critical to conservation.


View More