b'THE OFFICIAL NFBA MAGAZINEcontinued from page: 9In particular, he expects regulations based oncomplicated for builders to understand how they more modern concepts of environmental law andshould comply. The Supreme Court may be called environmental justice to be challenged, such as thoseupon more frequently to decide on disagreements at dealing with stormwater, the National Environmentalthe circuit court level.Policy Act and the Endangered Species Act. Until the Supreme Court establishes some precedent, The Clean Air Act and the Clean Water Act and allI think you will see inconsistent decisions, probably, these laws, a lot of these were written in the 70s. Well,from different circuits, and that will at least initially nobody contemplated, much less put into the law, thingscreate a little bit of a headache for employers as such as, How do you address climate change and howthey try to figure out, you know, OK, if I operate in do you address environmental justice? Petersen said. multiple states and one decision went this way and LEGALLY SPEAKINGSome OSHA regulations, like a pending heat standard,another decision went that way, what do I do? Moore may also be vulnerable because the agency tends tosaid.interpret its powers broadly, according to Moore. Also up for legal challenge is its position that the agency canFor now, industry pros must be ready for compliance, record interviews without permission of the employeeaccording to Moore.or management official, which contradicts an earlierIf youre in an industry that will be impacted by the interpretation from the 90s. heat stress rule or any other rules that are coming out, For builders in warmer parts of the country, [the heatbe prepared for those, Moore said. So start looking standard is] almost always going to be triggered, andat implementing policies and procedures that you its going to have a big impact on how you can schedulemay have to have if those rules do go into effect and your work to be performed, Moore said. I think thosechallenges arent successful.are the types of regulations where industry groupsIn the near term, the ruling could slow down and employers are going to decide its worth the legalpermitting, according to Petersen.expense to challenge this in light of Chevron.In addition, multifamily builders may challenge howThat is usually what causes agencies to delay, is they the Fair Housing Acts design and construction ruleshave to deal with the newest case and deal with the have been interpreted, as well as HUDs new floodplainnewest guidance and work through what happens rules, Petersen said. when their regs get struck. So, you know, agencies For multifamily companies that are constructingsuch as the Army Corps of Engineers and EPA, you multifamily housing, etc., I would think that would beknow, this could well have the effect of slowing down something that would be at least looked into, Petersenpermits, Petersen said.said. To deal with this, Petersen urged builders to apply for Two challenges that have already been filed and maypermits as early as possible and to use them as soon include a Loper Bright argument are to the Federalas theyre obtained.Highway Administrations greenhouse gas rule and toWhen theres all this rapid change and things getting OSHAs walkaround rule, said Sharma. Petersen expectsoverturned, I always advise people that, even if the more Loper Bright-related cases to start trickling outbuild-out is in phases, use the permit, Petersen said. in the next month or two. Go quickly, if you can, in times of uncertainty, just to Other laws have less chance of being successfullymake sure you get the benefit of all your hard work.overturned. Julie Strupp is a senior editor with Construction Dive, based I would think that in most of those cases where therein Washington, D.C. was a previous Chevron challenge to the statute, thatAbout Construction Dive Construction Dive provides in-depth decision is going to stand unless theres a new groundjournalism and insight into the most impactful news and trends brought up, Moore said. I think this is going to operateshaping the construction and building industry. The daily email more prospectively, where you see new regulations ornewsletter and website cover topics such as commercial building, new statute challenges be decided post-Chevron. residential building, green building, design, deals, regulations What builders should know and more. Construction Dive is a leading industry publication As cases work their way through the court system,operated by Industry Dive. Our business journalists spark ideas varied rulings from different circuits could make itand shape agendas for14million decision makers in competitive industries10 / FRAME BUILDER - VOL5 6'