b'LEGALLY SPEAKINGContinued from page 41how the Fair Housing Acts design and constructionThat is usually what causes agencies to delay, is rules have been interpreted, as well as HUDs newthey have to deal with the newest case and deal floodplain rules, Petersen said. with the newest guidance and work through what For multifamily companies that are constructinghappens when their regs get struck. So, you know, multifamily housing, etc., I would think that wouldagencies such as the Army Corps of Engineers be something that would be at least looked into,and EPA, you know, this could well have the effect Petersen said.of slowing down permits, Petersen said.Two challenges that have already been filed andTo deal with this, Petersen urged builders to apply may include a Loper Bright argument are to thefor permits as early as possible and to use them Federal Highway Administrations greenhouse gasas soon as theyre obtained. rule and to OSHAs walkaround rule, said Sharma.When theres all this rapid change and things Petersen expects more Loper Bright-related casesgetting overturned, I always advise people that, to start trickling out in the next month or two.even if the build-out is in phases, use the permit, Other laws have less chance of being successfullyPetersen said. Go quickly, if you can, in times of overturned. uncertainty, just to make sure you get the benefit I would think that in most of those cases whereof all your hard work.there was a previous Chevron challenge to theJulie Strupp is a senior editor with Construction Dive, based statute, that decision is going to stand unlessin Washington, D.C. theres a new ground brought up, Moore said. IAbout Construction Dive Construction Dive provides in-think this is going to operate more prospectively,depth journalism and insight into the most impactful news where you see new regulations or new statuteand trends shaping the construction and building industry. challenges be decided post-Chevron. The daily email newsletter and website cover topics such What builders should know as commercial building, residential building, green building, As cases work their way through the court system,design, deals, regulations and more. Construction Dive is varied rulings from different circuits could make ita leading industry publication operated by Industry Dive. complicated for builders to understand how theyOur business journalists spark ideas and shape agendas should comply. The Supreme Court may be calledfor 14 million decision makers in competitive industriesupon more frequently to decide on disagreements at the circuit court level.UntiltheSupremeCourtestablishessome precedent,Ithinkyouwillseeinconsistent decisions, probably, from different circuits, and that will at least initially create a little bit of a headache for employers as they try to figure out, you know, OK, if I operate in multiple states and one decision went this way and another decision went that way, what do I do? Moore said.Fornow,industryprosmustbereadyfor compliance, according to Moore.If youre in an industry that will be impacted by the heat stress rule or any other rules that are coming out, be prepared for those, Moore said. So start looking at implementing policies and procedures that you may have to have if those rules do go into effect and challenges arent successful.Inthenearterm,therulingcouldslowdown permitting, according to Petersen.42 www.mrca.orgMidwest Roofer'