• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

November 29—December 1, 2023
The Diplomat, Hollywood, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

August 24, 2016

Opinion—The New Reality: “Legislation” by Executive Decree

Latest News
August 24, 2016

Opinion—The New Reality: “Legislation” by Executive Decree

The executive branch not the legislative branch now creates most new federal laws.

Two lengthy New York Times articles reprinted in the August 14, 2016, edition of the Santa Fe New Mexican discuss President Obama’s use of executive authority to enact hundreds of regulations that affect almost every aspect of American life.

According to the Times reporters, Binyamin Appelbaum, and Michael D. Shear, the President, who was at first hesitant to act unilaterally, eventually decided that cooperating with Congress was impossible.

This has had a profound effect upon the construction industry. It is probably accurate to assert that most contractors, like other business leaders, find the ever increasing weight of federal regulations onerous. Compliance costs money, often considerable sums of money, and reduces profit.

On the other hand, most reasonable people would agree, or at least begrudgingly, concede, that many of the new regulations have benefited American workers and the general public. This is especially true of worker safety and environmental regulations.

What is most disturbing to many people, including construction industry executives, is the inescapable fact that creating new laws by executive decree bypasses the legislative process established by the Constitution.

What or who is to blame for this situation? The answer to that question is obvious.

At this point the more pertinent question for the construction industry is—how do we adjust to this evolving regulatory reality?

With Congress on the sidelines, regulatory agencies such as the EPA, the NLRB, and OSHA draft new regulations which trigger a review process that provides any interested party with the opportunity to comment on the proposed regulation.

These reviews take time, during which contractors remain uncertain about exactly what the “final” regulations will require.

Often the discussion about proposed regulations continues in the courts adding even more time to the review process.

Although various regulatory agencies have made genuine efforts to make the process faster and more open we are still burdened with an extraordinarily wasteful and unwieldy procedure.

Can we in the construction industry do anything to remedy this situation?

In some instances, most notably in dealing with local issues, construction industry representatives meet directly with environmental or labor leaders and work out compromises which they then insist elected officials pass into law.

Could this be done effectively on the national level? Is this a good idea? Good questions. Tough questions.

What is clear is that leaders in both industry and public advocacy must devise a method to move beyond the current quasi-legislative process. If they don’t, then in all probability no one will.

Sources—                                                                                            

Obama’s embrace of executive authority to shape legacy, Binyamin Appelbaum and Michael D. Shear, The New York Times reprinted in the Santa Fe New Mexican, August 14, 2016.

Hundreds of decisions impact American life without Congress, Michael D. Shear, The New York Times reprinted in the Santa Fe New Mexican, August 14, 2016.

 

 

 

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

Advance Registration Rates In Effect For CSC 2023

Advance registration rates are now in effect for Construction Super Conference, scheduled for Nov. 29 – Dec. 1, 2023.

Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

DOL Addresses Extreme Heat: Beneficial For Construction Industry?

The DOL intends to “ramp up enforcement of heat-safety violations” in the work place, including construction sites.

Latest News Latest NewsNews

EDITORIAL: New DOL Davis-Bacon Rule Misses the Mark

This rulemaking critically missed an opportunity to improve the wage determination process.

Latest News Latest NewsNews

Infrastructure Lags, Homebuilding Surges

ARLINGTON, VA - Two types of private nonresidential spending increased significantly in May, while most other categories lagged.

Latest News Latest NewsNews

Building Regs In New York: A Peek Into The Future

NEW YORK, N.Y. - Changes are coming as a result of Nov. 8, 2022 amendments to the building code.

Latest News Latest NewsNews

Newest CSC EAB Member: “Old Pay-To-Play Format Is Long Gone”

As the newest member of the CSC EAB, Wendy Venoit has definite opinions about the kinds of educational sessions that contribute to a successful conference.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   DO NOT SELL MY PERSONAL INFORMATION   TERMS OF USE   PRIVACY POLICY