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Update on the Federal Government Shutdown

  • The federal government is operating under a partial shutdown, which means “non-essential” personnel and operations are not authorized to continue;
  • “Essential” employees continue working without pay;
    • Essential services related to national security and public health continue and include military, law enforcement, border security, air traffic controllers, and Social Security
  • In response, each federal agency implements its own “Procedures Relating to a Lapse in Appropriations” plans;
    • These plans are activated when Congress fails to pass annual appropriation bills necessary to fund federal government operations and programs
  • The House passed a clean continuing resolution (CR) Sept. 19 to fully fund the government at current FY25 levels until Nov. 21, though the Senate continues to vote it down as 60 votes are needed for the Senate to pass the CR;
  • The next vote in the Senate to re-open the federal government fully is expected on Oct. 14;
  • The Infrastructure Investment and Jobs Act (IIJA) has previously been enacted so funding from this law should not see a major disruption at the federal level though some programs may be slowed due to furloughed “non-essential” employees;
  • The full impact of the partial federal government shutdown will be determined by the duration of the shutdown;
  • There is no known timetable for when Congress may act to fully re-open the government, and the House of Representatives is on a 48-hour recall notice indefinitely;
  • U.S. House Speaker Mike Johnson says he does not plan to bring the House back until the Senate passes the continuing resolution to re-open and fund the government at FY25 levels through Nov. 21;
  • Follow APWA Government Affairs on X and LinkedIn for timely updates.

APWA to Host Oct. 28 ‘Public Works as First Responders’ Town Hall

NOAA Administrator Confirmed

  • On Oct. 7, the U.S. Senate confirmed Dr. Neil Jacobs to serve as the next Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration (NOAA);
  • Dr. Jacobs previously served with NOAA during the first Trump Administration as the assistant secretary for environmental observation.

DOT Nominees Confirmed

  • On Oct. 7, the U.S. Senate confirmed two more high-level administrators for the U.S. Department of Transportation (DOT);
  • Derek Barrs is now the 8th Administrator of the Federal Motor Carrier Safety Administration (FMCSA), and David Fink the 16th Administrator of the Federal Railroad Administration (FRA).

DOT holding Transportation Advisory Board Meeting

  • On Oct. 22, U.S. DOT will hold a virtual public meeting of its recently established Transportation Advisory Board;
  • The Advisory board was established this past summer, with a purpose to provide strategic vision and high-level guidance for modernizing and enhancing US transportation systems;
  • All meeting information is available in the Federal Register.

Protect Critical Water Infrastructure Funding — Take Action Now

  • Congress is finalizing FY26 funding, and vital water infrastructure programs remain at risk. Here’s what you need to know;
  • The President’s FY26 budget proposed cutting 90% of Clean Water and Drinking Water State Revolving Funds (SRFs) and eliminating WIFIA funding entirely;
  • While Congress has restored some funding in the latest appropriations bills, the SRFs still face a $2B reduction from previous levels;
  • APWA urges all members to contact their federal representatives and advocate for full funding of WIFIA and the SRFs, essential tools for maintaining safe, resilient water systems in our communities;
  • Not receiving APWA legislative action alerts? Text “PWX” to 52886 to sign up and make your voice heard.

Court Dismisses PFAS Lawsuit in Farmers v. EPA

  • In 2024, five farmers sued the U.S. Environmental Protection Agency (EPA) for failing to comply with federal law by not regulating PFAS in treated sewage sludge used as biosolids;
  • The farmers sought a court order to compel EPA to identify and regulate certain PFAS chemicals in biosolids under the Clean Water Act (CWA);
  • The court held that the CWA does not require EPA to identify and regulate sewage sludge pollutants within a specific timeframe nor does including a contaminant in the biennial report on this issue trigger a shot clock for creating a final rule;
  • Read the judge’s opinion and dismissal here.

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