Litigation Program

The Litigation Department is tasked with going to court on behalf of NAHB to vindicate the interests of the housing industry against unlawful government action. The Department carries out its tasks by bringing suit directly, such as in challenging administrative agency regulations, or filing amicus curiae briefs in various federal and state courts. Visit the Amicus Brief Program page for more information on current amicus curiae efforts.

Legal Affairs
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TitleType
city kyle fair housing act discrimination land use affordable housing minorities deprived naacp manor round rock pflugerville disproportionate impact african americans latinos
10/15/2009 		Web page
Discrimination and Land Use NAHB has begun to use the requirements of the Fair Housing Act (FHA) as a tool to discourage land use planning that limits affordable housing for minorities. Courts have held that the FHA may be violated where the effect of a land use or zoning decision …
9/15/2009 		Web page
Clean Air Act Engine Manufacturers Association (EMA) v. South Coast Air Quality Management District (SCAQMD) (Amicus) Massachusetts v. EPA (Monitoring) Clean Water Act & Wetlands NAHB v. U.S. Army Corps of Engineers (Tulloch II) (Plaintiff) Entergy v. U.S. …
9/7/2009 		Web page
CourtNinth Circuit Court of Appeals NAHB InvolvementIntervenor ELG, 09.18.08 Opinion, 9th Cir.  ELG, 07.18.05 Memo in Support of Motion to Dismiss, C.D. Cal. NAHB and the Associated General Contractors (AGC) have intervened to defend EPA's decision to not issue an ELG for the …
9/7/2009 		Web page
endangered species esa act nmfs national marine fisheries fws fish wildlife critical habitat mexican spotted owl phoenix protection
9/5/2009 		Web page
Regulation of Indirect Sources In December 2005, the San Joaquin Valley Unified Air Pollution Control District adopted an Indirect Source Rule (ISR), which went into effect in March 2006. In sum, the ISR requires developers to mitigate for anticipated ozone and particulate pollution emissions …
9/5/2009 		Web page
Scope of "Navigable Waters" In June 2006, the U.S. Supreme Court issued its opinion in Rapanos v. U.S. Army Corps of Engineers, regarding the scope of "navigable waters" under the Clean Water Act. The decision has resulted in much confusion. While a majority of Justices agreed on several …
9/5/2009 		Web page
Multi-Species Conservation Plans A Multi-Species Conservation Plan (MSCP) is intended to allow development to proceed while also allowing "takes" of species in some situations with certain conditions. For large areas, the plans take many months of negotiations with regulators, and often …
9/5/2009 		Web page
cwa clean water act navigable waters rapanos adjacent wetlands tributaries point sources permit
9/5/2009 		Web page
Lead Based Paint Renovation & Remodeling (R&R) Rule The Residential Lead-Based Paint Hazard Reduction Act of 1992 required EPA, HUD, and OSHA to reduce the incidence of lead-based paint exposure to children in all residential structures built prior to 1978 (over 60 percent of the …
9/5/2009 		Web page
CourtU.S. District Court for the Eastern District of Virginia NAHB InvolvementCo-Plaintiff Required Use, 05.15.09 Federal Register Notice of Withdrawal  Required Use, 04.09.09 NAHB Comment Letter to HUD  Required Use, 12.22.08 Complaint, E.D. Va. 
9/5/2009 		Web page
CourtD.C. Circuit Court of Appeals NAHB InvolvementPetitioner LRRP Rule, 05.15.08 NAHB Petition for Review, D.C. Circuit  On March 31, 2008, the U.S. Environmental Protection Agency (EPA) released the final Lead; Renovation, Repair, and Painting Activities Final Rule (LRRP Rule). NAHB …
9/5/2009 		Web page
CourtU.S. District of District of Columbia NAHB InvolvementPlaintiff Santa Cruz, 03.23.09 Complaint, D.D.C.  Santa Cruz, 08.07.08 Oberstar Release  Santa Cruz, 07.25.08 TNW Letter  One of the issues that Rapanos generated concerns the definition of a "traditional navigable …
9/5/2009 		Web page
CourtU.S. District Court for the Eastern District of California NAHB InvolvementPlaintiff ISR, 07.08.09 Reply Brief, 9th Cir.  ISR, 03.20.09 NAHB Opening Brief, 9th Cir.  ISR, 09.19.08 Decision, E.D. Cal.  ISR, 08.08.08 NAHB Reply, E.D. Cal. 
9/5/2009 		Web page
CourtU.S. District Court for the District of Columbia NAHB InvolvementPlaintiff NWP46, 08.21.09 NAHB Final Reply Brief, D.D.C. NWP46, 05.15.09 NAHB Comment Letter to the Corps  NWP46, 3.26.08 Order Denying Corps Motion to Dismiss, D.D.C. 
9/5/2009 		Web page
CourtCourt of Appeals for the Sixth Circuit NAHB InvolvementAmicus Cotton Council, 04.09.09 NAHB Amicus Curiae Brief, 6th Cir.  Cotton Council, 04.09.09 NAHB Amicus Curiae Motion, 6th Cir. EPA's pesticide rule exempted from CWA permits pesticide applications to and over waters …
9/5/2009 		Web page
Judicial Takings   The U.S. Constitution's Fifth Amendment Takings Clause applies to the actions of state governments through the Fourteenth Amendment. This principle has been consistently applied to the legislative and executive branches of state governments and the U.S. Supreme Court has …
9/5/2009 		Web page
RESPA Required Use Rule  The U.S. Department of Housing and Urban Development (HUD) issued new regulations that became effective on January 16, 2009, to reform many aspects of its regulations implementing the Real Estate Settlement Procedures Act (RESPA). These changes are intended to clarify …
9/5/2009 		Web page
CourtDistrict Court for the Southern District of California NAHB InvolvementIntervenorEnvironmental groups sued FWS and the City of San Diego, to undermine the San Diego County Multi-Species Conservation Plan and the City's Incidental Take Permit (ITP), which seek to provide landowners with …
9/5/2009 		Web page
clean air act caa ozone carbon monoxide lead naaqs national ambient air quality standard sip state implementation program lead particulate matter pollutants
9/5/2009 		Web page