Philadelphia Construction Law Blog

The Supreme Court recently held oral argument in Noel Canning, a case in which the recess appointments of President Obama to the National Labor Relations Board were challenged. While that case will have no short term implications since the same appointees have since been ushered through a more legitimate process, it is anticipated by most legal scholars that the administration will lose this battle

It is admittedly rare for the United States Supreme Court to consider a case that implicates construction contracts directly. The Court, in its new term, has just heard oral argument on a construction contract issue that could have a far reaching impact on the construction industry though.

On October 13th, we reported that new Environmental Protection Agency regulations regarding carbon emissions might have an impact on Pennsylvania’s construction economy. At the time, we reported that those regulations, which are based on a finding by the EPA that carbon emissions are harmful “greenhouse gases”, were subject to a legal challenge. That legal challenge has now been taken up by a number of groups interested in the issue.

The United States Supreme Court has announced its docket for next session. Several cases that will impact the construction industry in Pennsylvania in some way appear on the list. Because the Supreme Court is not required to accept a case from the lower courts, its decision to do so likely means the issue is an important one that could have far reaching consequences.