Legal Affairs

NAHB provides a myriad of legal resources for both members and state and local association staff. While the NAHB staff counsel cannot replace your local attorney, we can offer legal research, litigation funding, and/or litigation strategy, depending on the situation and the issues involved. See the Legal Services or Litigation brochure for details. The resources listed below are long-time NAHB services designed with land developers and builders in mind.

Legal Affairs
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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
Legal Affairs Bill KillmerExecutive Vice President, Advocacy800-368-5242 x8526bkillmer@nahb.org Mary DiCrescenzoSenior Vice President800-368-5242 x8250mdicrescenzo@nahb.org Tara BurnettProgram Assistant800-368-5242 x8291tburnett@nahb.org Legal Services 
10/5/2009 		Web page
agripost takings regulatory inverse condemnation supreme eleventh circuit 11th appeals miami-dade fifth amendment constitutional amicus
9/17/2009 		Web page
Court U.S. Supreme Court   NAHB Involvement Amicus   The Army Corps conditioned the grant of a Section 404 permit to a commercial developer on the transfer of title in about 221 acres to a conservation group, to create a wetland preserve.  There are, at most, 87 …
9/17/2009 		Web page
CourtU.S. Supreme Court NAHB InvolvementAmicus Pratt, 12.19.08 NAHB Amicus Curiae Brief, SCOTUS  Charles Pratt, a developer, argued that the approval of a coastal development permit gave him the right to proceed with a project under the laws and policies in existence at the time of …
9/17/2009 		Web page
Fair Housing Discrimination The Fair Housing Act (FHA) may be used 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 discriminates against minorities insofar as …
9/15/2009 		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
Municipal Land Use Authority State enabling statutes frequently proscribe the extent to which local municipalities may regulate land use. Unfortunately, local municipalities sometimes attempt to impose regulations for which they have not been granted authority by the state legislature. Wellswood …
9/15/2009 		Web page
Court U.S. Supreme Court   NAHB Involvement Amicus   The Emmermans sought to build a modest home on their separately platted, residentially zoned lot in an established subdivision. The vacant lot is surrounded by other single-family homes. The City of Highland Park …
9/7/2009 		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
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9/7/2009 		Internal Link
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
Particulate Matter EPA finalized its air quality standards for particulate matter ("PM NAAQS") in October 2006. Coarse PM, which in the case of construction is often known as "fugitive dust," can be released during earth disturbing and construction activities. Initially EPA proposed to apply …
9/5/2009 		Web page
CourtD.C. Circuit Court of Appeals NAHB InvolvementAmicus Am. Farm Bureau, 02.24.09 Opinion, D.C. Cir. Am. Farm Bureau, 08.18.08 Motion to Participate in Oral Argument, D.C. Cir.  Am. Farm Bureau, 03.07.08 NAHB Amicus Brief, D.C. Cir.   A number of industry group
9/5/2009 		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
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
CourtU.S. Supreme Court NAHB InvolvementAmicus Coeur Alaska, 05.15.09 NAHB Supplement Amicus Brief, Supreme Court  Coeur Alaska, 09.24.08 NAHB Amicus Brief, Supreme Court  This case concerns the activity of a mining company which received a section 404 permit from the Army Corps …
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