Be Successful

Key to creating better workplaces is making sure firms are successful. AGC of America’s advocacy efforts are designed to do just that. We did a lot this year to promote industry-friendly legislation, work with federal officials to remove regulatory burdens, and litigate against government overreach.

Securing New Federal Construction Investments

AGC worked to help secure passage of a new Federal Aviation Administration bill that provided a $500 million per year increase in funding for runway and taxiway construction projects. We also worked to ensure bipartisan support for new federal legislation boosting funding for waterways projects and military construction activity. And AGC was the only construction association involved in the passage of the Fiscally Responsible Highway Funding Act of 2024 that provided an extra $1.8 billion for road and bridge construction projects.

Blocking Needless Regulatory Burdens

AGC ensured that the Environmental Protection Agency officially rejected a petition to classify discarded PVC as hazardous waste. That decision protected the construction industry from being held liable for installing the nearly ubiquitous material on millions of projects across the country. We mobilized over 2,000 members to send comments to federal officials urging them to reject a petition filed by an environment group to declare discarded PVC as hazardous waste. Thanks to our efforts, federal officials rejected the hazardous waste designation.

AGC blocked the Biden administration’s unlawful Federal Highway Administration greenhouse gas rule from taking effect – which would have diverted money meant for roads and bridges towards non-construction activities like electric vehicles and procuring buses. As part of that effort, AGC led a coalition of over 40 different groups that successfully worked to get Congress to block the new rule.

Taking Regulators to Court

During the past four years, the number of new federal regulations impacting the construction industry expanded significantly. AGC was successful in fixing or blocking many of those measures. But we had to challenge some of those new rules in court. Our legal efforts included:

  • Overturning former President Biden’s unlawful Project Labor Agreement mandate for most federal projects by employing a novel bid protest approach. AGC was the only association involved in crafting the legal theory behind the bid protests that led to a January 2025 U.S. Court of Federal Claims ruling declaring the mandate unlawful. Federal officials have since begun pulling the project labor agreement mandates from federal construction solicitations.
  • Successfully securing a nationwide preliminary injunction in June halting implementation and enforcement of specific provisions in the Department of Labor’s new Davis-Bacon final rule. The association is fighting provisions in the Labor Department rule that unlawfully extend Davis-Bacon Act coverage beyond what is statutorily allowed

Taking Regulators to Court (Continued)

  • Vacating the National Labor Relations Board’s new Joint Employer Standard rule, which broadened the joint employer definition, increasing liability for unfair labor practices. The court agreed that the 2023 rule overstepped legal bounds and it reinstated the more reasonable 2020 rule.
  • Putting the Biden administration’s Waters of the U.S. rule on hold in 27 states as the result of legal challenges we filed in two federal district courts.
  • Challenging the Environmental Protection Agency’s designation of “forever” chemicals as hazardous substances, citing concerns over the agency’s interpretation of the law, disregard for costs, and imposition of retroactive liability.
  • Litigating against OSHA’s so-called “Walkaround and Representative Rule” that increases risks and costs for contractors by allowing non-employees, including union representatives, community organizers, environmental activists, plaintiffs’ attorneys, and even competitors, to participate in workplace inspections.

Bringing the industry to congress

AGC arranged to have members and staff testify on Capitol Hill about a range of vital industry topics. AGC members provided an update on the bipartisan infrastructure bill, including some of the regulatory challenges the Biden administration put in place that was delaying certain projects. They also testified about how supply chain challenges were impacting the industry. And AGC general counsel Leah Pilconis provided testimony on the need for more timely environmental reviews. We have also hosted a number of AGC chapter fly-ins – where members travel to D.C. to meet with their Congressional delegation – at our legislative headquarters on Capitol Hill.

Bringing Congress to the Industry

AGC worked with member firms to organize nearly a half-dozen construction site tours with members of Congress. These tours provided members with an opportunity to educate legislators about the challenges facing the industry, including regulatory burdens and labor shortages, and how Congress can help. Among the members of Congress we arranged to visit project sites were the Chairman of the House Appropriations Committee, members of congressional tax-writing committees, and of the powerful House Steering Committee.