Legal

Louisiana Landowners Score Property Rights Win in Dusky Gopher Frog Case

Filed in Codes and Regulations, Environmental, Legal by on July 11, 2019 0 Comments
Louisiana Landowners Score Property Rights Win in Dusky Gopher Frog Case

In a victory for property rights, a Louisiana family earlier this month reached a settlement with the U.S. Fish and Wildlife Service in which the federal government agreed to drop its efforts to designate a critical habitat designation for the dusky gopher frog on their land.

Continue Reading »

Recent Supreme Court Decision Highlights Arbitration Opportunities for Builders

Filed in Legal by on July 5, 2019 2 Comments
Recent Supreme Court Decision Highlights Arbitration Opportunities for Builders

Builders may wish to consult with their attorney about including an express agreement in contracts for individual arbitration.

Continue Reading »

Supreme Court Ruling Reaffirms Power of Federal Regulators

Filed in Codes and Regulations, Legal by on June 26, 2019 0 Comments
Supreme Court Ruling Reaffirms Power of Federal Regulators

The U.S. Supreme Court today narrowly decided to uphold, with significant limits, a doctrine that has plagued the regulated community for years.

Continue Reading »

NAHB Guide Available if ICE Visits Your Job Site

Filed in Labor, Safety and Health, Legal by on June 21, 2019 0 Comments
NAHB Guide Available if ICE Visits Your Job Site

With President Trump announcing increased enforcement actions by the U.S. Immigration and Customs Enforcement (ICE) in the near term, NAHB has a guide to remind members what they should do if federal officials visit their job sites.

Continue Reading »

Supreme Court Allows Property Rights Plaintiffs to Go Directly to Federal Court

Filed in Legal by on June 21, 2019 3 Comments
Supreme Court Allows Property Rights Plaintiffs to Go Directly to Federal Court

In a huge victory for NAHB and its members, the U.S. Supreme Court today reversed a long-standing land use decision that made it nearly impossible for property owners to bring a Fifth Amendment takings claim in federal court.

Continue Reading »

NAHB Legal Action Fund Awards Grants to Help Member Litigation

Filed in Legal by on June 18, 2019 0 Comments
NAHB Legal Action Fund Awards Grants to Help Member Litigation

The Legal Action Committee announced the recipients of its latest round of legal aid grants at the NAHB Spring Leadership Meeting in Washington, D.C.

Continue Reading »

Why Home Builders Should Be Concerned About ‘Early Development’

Filed in Legal by on May 30, 2019 0 Comments
Why Home Builders Should Be Concerned About ‘Early Development’

E.D. in the new home warranty industry is an acronym for “early development,” which refers to the timing of structural claim occurrence during the 10-year warranty term. What factors determine when structural claims occur? And why is this important to home builders?

Continue Reading »

Court Sends WOTUS Rule Back to the EPA

Filed in Codes and Regulations, Environmental, Legal by on May 29, 2019 1 Comment
Court Sends WOTUS Rule Back to the EPA

In a victory for NAHB and home builders across the nation, the U.S. District Court for the Southern District of Texas declared that the Environmental Protection Agency (EPA) violated the Administrative Procedure Act when drafting the Obama-era “waters of the United States” (WOTUS) rule in 2015.

Continue Reading »

DOJ Files Fair Housing Act Case Against 82 Multifamily Properties

Filed in Codes and Regulations, Legal by on May 20, 2019 0 Comments
DOJ Files Fair Housing Act Case Against 82 Multifamily Properties

The U.S. Department of Justice recently announced a broad, sweeping lawsuit against 82 multifamily properties spread across 13 states involving more than 3,000 housing units.

Continue Reading »

Dusky Gopher Frog Case Lives On

Filed in Codes and Regulations, Legal by on May 16, 2019 4 Comments
Dusky Gopher Frog Case Lives On

Even though the case was resolved with a unanimous Supreme Court decision, the central issue — the definition of “habitat” — is still up in the air, and NAHB is still involved.

Continue Reading »