On November 20, the House Committee on Natural Resources passed the Standardizing Permitting and Expediting Economic Development (SPEED) Act, to reform the permitting and judicial review process for construction projects subject to the National Environmental Policy Act of 1969 (NEPA).


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Congress approved, and President Trump signed, legislation reopening the government by providing continuation of funding for most agencies at current levels through January 31. The action ends the 43-day government shutdown, the longest in history. Also in the package are three separate appropriations bills funding individual agencies, including the Department of Agriculture. These three bills had made some movement in the legislative process although were not finalized prior to the shutdown. Different versions of the USDA bill were reported from the House appropriations committee and approved in the Senate.


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The Trump Administration this week announced the release of revised regulations determining which wetlands and other bodies of water qualify as a Water of the United States and are therefore subject to federal permit requirements before construction and other land improvement activities can proceed. The rules will be jointly issued by the EPA and the Army Corps of Engineers establishing, according to an EPA release, a “durable, common-sense definition of ‘water of the United States’” under the Clean Water Act. The rule seeks to codify the Supreme Court’s 2023 Sackett v. EPA decision which found that “adjacent wetlands” under the law are those wetlands that have a continuous surface connection to bodies already considered "waters of the United States.” The wetlands must be “indistinguishable” from those waters to be considered jurisdictional.


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The Eno Center for Transportation recently released a report, “Rising Construction Costs: Analyzing the Contributors to Cost Escalations and the Impact on Federal Transportation Infrastructure Investments.” This whitepaper analyzes increases in construction costs from the pandemic to today. Factors include pandemic-based supply chain issues, labor market changes, petroleum price increases, and increased demand for contractors. The paper looks at competing metrics to determine construction inflation and how this can undermine the funding made available through Federal transportation legislation. The paper also explores potential implications of a higher baseline for project costs and how the industry is adapting to continued uncertainty.


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The Minnesota Pollution Control Agency (MPCA) has denied a request from the Minnesota Center for Environmental Advocacy (MCEA), a coalition of environmental activist organizations, to adopt a regulatory permitting program requiring agriculture drainage projects to be granted a MWPCA permit before construction of drainage ditches and systems can proceed. Minnesota LICA and National LICA joined with the Agricultural Drainage Management Coalition asking MPCA to deny the petition.


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This week, as the government shutdown passes the 35-day, setting a record for longest shut down in history, little progress has been made in resolving the impasse. Senate Democrats are demanding that Congress address Affordable Care Act subsidies now before they will support a Continuing Resolution (CR) to fund government operations. Republicans are insisting on opening the government before addressing other issues.


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US DOT’s October 3, 2025 Interim Final Rule (IFR) directing states to discontinue implementing the disadvantaged business enterprise (DBE) program by using race or gender-based presumptions to determine DBE status has created a great deal of uncertainty for states and contractors in meeting DBE mandates. While U.S. DOT is taking comments on the DBE IFR through Nov. 3, states have been implementing the program in a variety of different ways. US DOT last week released FAQ guidance to clarify many of the implementation issues. While the FAQ gives some guidance on proceeding with the program much confusion still exists.


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Treasury Secretary Scott Bessent said last week that under the terms of a new U.S.-China trade deal, Beijing has pledged to continue buying soybeans in similar volumes to recent years. Meanwhile, Agriculture Secretary Brooke Rollins touted tariff reductions on U.S. commodities and opportunities for sorghum and hardwood.


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The faceoff between Republicans and Democrats in the Senate shows little progress in finding a compromise that would allow the Federal government to reopen shuttered offices as the impasse enters its third week. Senate Majority Leader John Thune (R-SD) continues to bring the House passed continuing resolution(CR) up for a vote in an attempt to get the eight democrat votes needed to pass the measure. Democrats, however, insist they will not support a funding measure that fails to include an extension of subsidies for health insurance obtained through the Obamacare marketplace. Republicans want to pass a clean CR to reopen the government and address the health subsidies in separate legislation. House Speaker Mike Johnson, (R-La) continues to keep the House out of session while the shutdown is ongoing. The House last held votes on Sept. 19, when Republicans pushed through the CR that has stalled in the Senate.


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