Environmental Issues Litigation

NAHB’s environmental litigation focuses on core NAHB priorities, including implementing the Clean Water Act’s limits on the Corps’ jurisdiction over wetlands, clarifying Endangered Species Act concepts such as “adverse modification,” and ensuring that regulations do not disproportionately burden builders. Choose a category below to access case descriptions and briefs written by NAHB. Environmental Issues Amicus Briefs has more information on our amicus efforts. Litigation and amicus actions are located in Environmental Issues Litigation & Amicus Brief Archives.

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Title	Type
Clean Air Act Litigation 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
Clean Water Act & Wetlands Litigation 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
Endangered Species Act Litigation 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
Lead-based Paint Litigation 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
2007 Legal Services Brochure NAHB's Legal Services Brochure describes industry services offered by NAHB Legal Affairs, including the Legal Research Program, Legal Action Fund, educational seminars, and attorney networking programs. Please download our Legal Services brochure to share our program information with other … 9/10/2007	PDF
2007 Litigation Brochure The Litigation Brochure describes NAHB's litigation program and recent litigation achievements in courts throughout the United States. These achievements have occurred in the following areas: Clean Water Act and Wetlands, Endangered Species Act, and the Fair Housing Act. 9/10/2007	PDF