b'YOUR TOOLKIT FOR BUILDING EXCELLENCEadministrations change. However, the changes willno, you dont have authority, go back to Congress if take time to shake out, which could delay permittingyou want that fixed.as agencies try to understand how they must adapt.That said, agencies will also be preparing for a post-There will continue to be uncertainty until some legalChevron landscape, according to Sharma, so they precedent is established at the federal district courtwill be trying to bolster their arguments too.and circuit court levels, according to Sharma. One unintended consequence of Loper Bright is that One thing that were really hoping for is that [Loperagencies may rely more on recommendations rather Bright] will lead to less pendulum swinging dependingthan regulations, which would be more difficult to on whos in office, Sharma said. challenge, Petersen said.A second ruling An ironic effect may be that agencies now regulate Just days after Loper Bright, the Supreme Courtmore through guidance again, Petersen said. If ruled in Corner Post v. Board of Governors of thetheyre afraid the regulation is going to get struck, Federal Reserve System that the six-year window tothen theyll use guidance, which is harder to challenge an agency regulation starts when a plaintiffchallenge, because theyll say, Well, thats not binding is injured by the rule, rather than when the regulationas a matter of law.was finalized. In other words, builders that are newlyLaws vulnerable to challengeimpacted by longstanding regulations may now haveThe Loper Bright decision will likely come into play the chance to challenge them. most in cases where an administration is seeking to Together, these rulings open up established rules toadvance an agenda, and the underlying laws are not new scrutiny, and this time, agencies will not receivevery clear, said Petersen.the same deference they had under Chevron. That likely means the construction industry will disputecontinued on page: 10laws they previously thought werent worth the effort, said attorney Curtis Moore, partner at Atlanta-basedMay your holidays be f illed with joy, warmth, Fisher Phillips.If an employer has a disagreementand cherished moments with family. with the agency over an interpretation, in the past,We are thankful for your continued business and we might say, Well, this is a pretty uphill battle, givenlook forWard to building stronger relationships that the agency gets deference to its interpretation.in the neW year!Now there really isnt that thumb on the scale, so to speak, Moore said.Legal changes post-ChevronCongress will likely pass more detailed laws going forward as a result of Loper Bright, according to attorney Rafe Petersen, partner at Miami-based Holland & Knight and member of the firms Chevron Deference Working Team.When new administrations come in, they typically want to undo the work of the previous administration, but now, rather than new agency appointees interpreting laws differently, Congress must amend those laws in order to advance a new agenda.It used to be the Congress, I think, felt like they were doing a favor by drafting a relatively vague law that would give the agency wiggle room, Petersen said. Now with the current jurisprudenceunless theres a real clear statement and Congress wanted theINagencies to do it, the courts are going to say, Well,717.866.6581 MANUFACTURERS of C.www.rigidply.com LAMINATED TIMBERSand WOOD TRUSSES FRAME BUILDER - VOL5 6/ 9'