When you're in the asphalt business, you care about, well, asphalt. But there are other events, sometimes far away, that can impact the industry. Take, for example, last week's U.S. Supreme Court decisions on regulations. The cases should make government regulators everywhere quake in their Birkenstocks. What is the asphalt connection? We'll get to that in a moment. But first, here's a quick rundown of the decisions and what they mean for regulators, and the regulated, which is pretty much everyone in the country.

The first strong indicator that the high court was interested in limiting the ability of regulators to fill in regulatory language triggered by vague laws came on May 25, 2023 when the court ruled to curtail the U.S. Environmental Protection Agency's authority under the Clean Water Act to regulate certain water discharges (Sackett v. Environmental Protection Agency, No. 21-454). The decision came on the heels of a decision the year before to hem in the EPA's power with regard to climate change under the Clean Air Act (West Virginia v. Environmental Protection Agency, No. 20-1530.

If those decisions were a tremor, last weeks decisions were a major earthquake, leading some court watchers to conclude that history will remember the Roberts court for its reigning in of regulations, the co-called "administrative state" long criticized by conservatives and business groups.

On Friday, the conservative court upended decades of precedent known as the Chevron doctrine, which in effect will make it easier to challenge regulations in court. Previously, courts had extended deference to regulators in interpreting laws under the assumption that they possessed special expertise on the subjects (The oft-cited Chevron v. Natural Resources Defense Council case of 1984). The cases that led to Friday's decisions were nearly identical, Loper Bright Enterprises v. Raimondo (Case No. 22-451), and Relentless v. Department of Commerce (Case No. 22-1219). Both of the cases refer to federal law requiring fishing boats to carry federal observers to collect information to prevent overfishing, and for companies to pay for the oversight. If this concept sounds familiar to the asphalt industry, there are numerous environmental regulations in place in California that, in effect, require the regulated entity to pay fees that essentially help defray the cost of being regulated.

On Thursday, another earthquake. The high court struck down a key provision of many regulations that allows agencies to use in-house tribunals to enforce rules rather than to sue accused offenders in federal court.

These developments, taken together, would seem to portend well for other litigation winding through the courts, and likely headed to the U.S. Supreme Court, challenging the EPA's authority with regard to air-quality regulations and establishing clean-air mandates over vehicles. CalAPA has joined amicus "friend of the court" briefs in support of those challenges. In one, which also could be precedent-setting, the main argument is something known as a "major questions" doctrine, which holds that major actions must carry with them congressional authority.

In writing for the majority in the West Virginia v. Environmental Protection Agency case mentioned above, Chief Justice John Roberts wrote that the agency "must point to a 'clear congressional authorization' for the power it claims."

The latest petition for review filed on behalf of CalAPA and other interests is taking aim at Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles -- Phase 3, 89 Fed. Reg. 29440 (April 22, 2024). The petition was filed June 18 before the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 24-1207). Just days prior, the CalAPA Board of Directors voted unanimously to join the list of petitioners in the case, which also includes the American Fuel & Petrochemical Manufacturers, the California Manufacturers & Technology Association and the Western States Petroleum Association.

Anyone who has been in the asphalt pavement business for any length of time has seen first-hand the often onerous and sometimes ruinous regulations promulgated by regulators in California directed at reducing tailpipe emissions. Many of those regulations have been pushed by the California Air Resources Board under delegated authority by the federal government.

These and other cases were featured during presentations delivered last month at CalAPA's "Summit at the Summit -- Executive Leadership Forum" at Lake Tahoe. CalAPA members seeking additional information on this topic should consult previous member-only "Member Alerts" or request additional information from the association.

In the meantime, to paraphrase a famous movie line by Bette Davis: Fasten your seat belts. It's going to be a bumpy ride.

Registration is now open for one of CalAPA's most popular events of the year, our annual golf tournament Sept. 26 at the fabulous Journey in Temecula. Details and on-line registration is HERE.

The CalAPA golf tournament includes all the extras that keep people coming back year after year: a championship-caliber course nestled in a scenic venue, complementary food and beverages, fabulous tee-prizes, raffles and all the fun contests on the course that keep the action fun and lively. And, of course, the networking opportunities are second to none! Sponsoring the event is a great way to build brand identity in the industry. This event would not have been possible without the generous support of our sponsors. Last year's sponsors were: Albina Asphalt, American Asphalt, Astec, Butler-Justice, Constellation Energy, Construction Marketing Services, DeSilva-Gates, Ergon Asphalt & Emulsions, Ingevity, Labelle Marvin, Pavement Recycling Systems, Quinn-CAT, R.J. Noble Co., RMA Companies, Sully-Miller/Blue Diamond Materials and Valero. To be listed among this year's sponsors, select one of the many sponsorship opportunities on the registration page.

Proceeds from this event will benefit CalAPA's newly formed California Asphalt Research & Education Foundation (CARE Foundation), a charity that was established earlier this year to bolster the association's many workforce recruitment and development efforts and many other worthy causes, such as the Women of Asphalt California Branch. Learn more about the CARE Foundation HERE. Learn more about the Women of Asphalt California Branch HERE.

Special group-rate discounts for lodging are available for event attendees at the Pechanga Resort Casino in Temecula. The rooms are limited and available on a first-come, first served basis, so early booking is strongly recommended. Visit the golf tournament registration page for details.

Attention RV'ers: Last year Steve Marvin with LaBelle Marvin organized an impromptu RV "Tailgate Party" the night before the golf tournament at the Pechanga RV park that ended up turning into a pretty popular event. He and others plan to do the same this year, on Wednesday, Sept. 25 at 6 p.m. If you have an RV, camper, or just want to stop by to have some fun, please let us know and we'll provide additional details. Information about the Pechanga RV Resort Park, including pricing, is HERE. There is no charge for this event, but organizers ask that those who plan on attending RSVP so we get a head count, and BYOB. Donations will be cheerfully accepted to benefit the California Asphalt Research & Education Foundation (CARE Foundation).

Photos from last year's golf event can be viewed on CalAPA's various social media feeds, including our Facebook page HERE.

It's always nice when work here in California garners national attention. In a most recent example, the work of the Sustainable Pavement Program Cooperative Center at U.C. Davis, caught the notice of the National Asphalt Pavement Association in its newly rebranded publication, "NAPA Weekly."

As reported by NAPA's Ty Johnson, the center recently published its first publications as part of a five-year cooperative agreement with the Federal Highway Administration (FHWA) to study and promote various topics and programs under the umbrella of the FHWA's own Sustainable Pavements Program.

It's the latest feather in the cap for UC Davis and the University of California Pavement Research Center (UCPRC), which has done important research in recent years to elevate practical knowledge about asphalt pavements, including advancement of the award-winning long-life (perpetual) asphalt pavement design strategy, and the City & County Pavement Improvement Center. CalAPA and CalAPA members have long supported those and other UCPRC initiatives, and UCPRC Director Dr. John Harvey has been a frequent presenter at various CalAPA conferences and events. The hulking Heavy Vehicle Simulator (pictured) is just one of the many pieces of equipment employed by the UCPRC to test asphalt pavement durability.

To read the full "NAPA Weekly" article, which contains links to numerous important resources, click HERE.

Weather forecasters say this week will be one of the hottest of the year in parts of California. This is a fresh reminder to pay special attention to workers outside in the heat, and even those inside when temperatures are on the rise. On June 20, the Occupational Safety and Health Standards Board approved a new regulation, "Heat Illness Prevention in Indoor Places of Employment." You can read more about that regulation, as well as other heat-illness information on the CalOSHA resources page HERE. The National Asphalt Pavement Association, a CalAPA partner, has developed a model Heat Illness Prevention Plan (HIPP) that is another good resource. You can download it HERE.

CalAPA offices will be closed on Thursday, July 4 in observance of the Independence Day Holiday. The offices will reopen on Friday, July 5 during normal business hours.

Each week we highlight a word, acronym or other term commonly used in the asphalt pavement industry in California.

QUALITY CONTROL / QUALITY ASSURANCE (QC/QA): A process where the contractor is responsible for controlling the quality of the mix through design (Job Mix Formula, or JMF) and production (QC) and the owner is responsible for verifying the quality of the mix (Quality Assurance) via various tests and inspection.

Each week we highlight a key point or best practice of interest to asphalt paving crews, inspectors and others working in the field. We welcome suggestions. More tips can be found in our "Asphalt Parking Lot Construction Checklist" HERE. Information on the CalAPA "Quality Paving Certificate" program is HERE.

PRE-CONSTRUCTION REVIEW: Every paving project should start with a detailed review of the project's contract, plans, and specifications. Any questions arising from this review should be promptly directed to the design firm's engineers. 

Each week we highlight a term that is specific to climate-change issues related to the asphalt pavement industry. This feature is intended to raise awareness of the asphalt industry's climate-change initiatives and the specialized terminology that goes with them. More information on "The Road Forward" asphalt industry climate initiative can be found HERE.

OZONE LAYER: Region of Earth's stratosphere that absorbs most of the sun's radiation. 

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

– Preamble to the Constitution of the United States

We hope you enjoy CalAPA's Asphalt Insider newsletter. We are committed to providing you with the most up-to-date information on technical issues, regulation, news, analysis, people, events and trends in California that is of interest to the asphalt pavement industry and our various agency partners. To subscribe to the newsletter, click HERE. For comments, questions or to suggest a story idea, click HERE.

Sincerely,

Russell W. Snyder, CAE

Executive Director

The California Asphalt Pavement Association (CalAPA)®