Situational Awareness

Both the House of Representatives and the Senate are in session. The House is scheduled to vote on a permitting reform package, which would limit the scope of the Clean Water Act by redefining “navigable waters” to exclude waste treatment systems, ephemeral features that flow only in direct response to precipitation, prior converted cropland and groundwater. The Senate is preparing to vote on the first four of its 12 FY 2026 appropriations bills, including measures that fund the legislative branch and the Departments of Agriculture, Veterans’ Affairs, Commerce and Justice. 

Labor Department Expands Workplace Hazard Penalty Reductions

The Department of Labor (DOL) updated guidance on penalty and debt collection procedures for the U.S. Occupational Safety and Health Administration (OSHA), saying it will minimize the burden on small businesses and prompt hazard abatement by employers. Businesses with 25 or fewer employees can get OSHA penalties reduced by 70% and businesses that correct a flagged hazard immediately can get a 15% reduction. Additionally, the guidance makes employers without a history of OSHA violations eligible for a 20% penalty reduction. 

White House Announces Pair of NLRB nominees

The White House announced a pair of nominations to fill vacancies on the National Labor Relations Board. If confirmed, the two nominees would restore the NLRB’s quorum. The nominees are James Murphy, a former NLRB career staffer; and Scott Mayer, chief labor counsel at Boeing. Last year, Boeing filed an unfair labor practice charge with the NLRB against the International Association of Machinists and Aerospace Workers, accusing the union leaders of not bargaining in good faith on behalf of the company’s then-striking West Coast factory workers. Murphy was nominated to fill the seat last held by GOP-appointee John Ring that has been empty since late 2022, and his term would run through December 2027. Mayer, whose term would run until the end of 2029, would succeed current Chair Marvin Kaplan, once his term expires on August 27.

The nominations follow back-and-forth legal proceedings on the president’s removal of former NLRB member Gwynne Wilcox, whose term was meant to expire in 2028. In May, the Supreme Court issued an order allowing Wilcox’s dismissal from the NLRB: “Because the Constitution vests the executive power in the President … he may remove without cause executive officers who exercise that power on his behalf.” 

Senate Labor Panel Delays NLRB General Counsel Confirmation Vote

The Senate Committee on Health, Education, Labor, and Pensions is scheduled to vote on several of President Trump’s labor agency nominees. Notably, the business meeting doesn’t include Crystal Carey, who was nominated to serve as the general counsel of the NLRB. During her confirmation hearing last week, Sen. Josh Hawley (R-Mo.) expressed concern about Carey’s support of so-called “captive audience” meetings. In 2024, the NLRB ruled that such meetings violate federal labor law. Sen. Hawley’s line of questioning centered on whether Carey would uphold the 2024 ruling. In response, Carey said she would utilize “prosecutorial discretion” where she deems necessary and appropriate. Any concern from Sen. Hawley over Carey’s nomination could delay any vote held by committee on her nomination. Other nominees who testified alongside Carey, including EEOC nominee Brittany Panuccio, are listed on Thursday’s hearing notice.