With WOTUS Under Attack, NAHB Members Voice Support for 2020 Rule
The U.S. District Court for the District of Arizona on Monday issued a ruling on the Navigable Waters Protection Rule (NWPR), which defines the “waters of the U.S. (WOTUS).” The court remanded and vacated the rule, but the scope of the decision is not clear.
The U.S. Environmental Protection Agency (EPA) has yet to respond to the court’s ruling, and NAHB has requested EPA and the U.S. Army Corps of Engineers (Corps) provide guidance on what version of the federal definition of WOTUS applies in the interim.
Following the ruling, NAHB Chairman Chuck Fowke issued a statement:
“NAHB is disappointed by the recent ruling against the Navigable Waters Protection Rule (NWPR) in the U.S. District Court for the District of Arizona. The NWPR provides a clear definition of waters of the U.S. (WOTUS) and better enables stakeholders to discern which waters fall under federal jurisdiction. This ruling is contrary to prior federal court decisions and will lead to more confusion over what features are jurisdictional, resulting in longer delays and higher housing costs.”
The ruling comes after the Biden administration announced its intent to change the regulatory definition of WOTUS under the Clean Water Act (CWA) in June. In response, NAHB Senior Officers, members and HBA staff participated throughout August in a series of virtual listening sessions held by EPA and the Corps to hear stakeholder feedback on these changes.
During the virtual hearings, NAHB representatives from across the country highlighted how aspects of the current WOTUS regulatory definition provide far greater regulatory clarity regarding what features are subject to CWA jurisdiction and what isolated or ephemeral features can, if needed, be regulated by the states.
“The current WOTUS definition is easy to understand and clearly specifies what features are jurisdictional. This regulation protects the critical waters that are connected and/or adjacent to navigable waters, which is clearly the charge of the federal government,” testified NAHB Life Delegate Jim McCulley, owner of Watershed Eco, an environmental consulting firm in Middletown, Del., during the Aug. 25 hearing.
NAHB thanks the members who testified, including NAHB’s Senior Officers and members Drew Smith, Sarasota, Fla.; Jeff Thomas, Fort Wayne, Ind.; Rick Wajda, Indiana Builders Association; and Scott Peterson, Phoenix, Ariz.
In addition to these listening sessions, the agencies intend to host regional roundtables in the fall to gather additional input. We will share additional information about how members can participate in the roundtables when it becomes available.
Learn more on this issue at the WOTUS page on nahb.org.
Latest from NAHBNow
Oct 01, 2025
HBA of Va. Provides Grant Funding for Local Workforce Development ProgrammingThe Home Builders Association of Virginia guides local workforce development programming throughout the state through the HBAV Education Foundation.
Oct 01, 2025
How the Government Shutdown Will Affect HousingThe White House and Republican and Democratic congressional leaders failed to reach an agreement to extend government funding on Tuesday, resulting in a shutdown of most federal government functions at 12:01 a.m. on Wednesday, Oct. 1 that will affect housing and home builders.
Latest Economic News
Oct 01, 2025
Consumer Confidence Drops on Job ConcernsConsumer confidence fell to a five-month low as consumers remain concerned about reignited inflation and a weakening labor market amid economic uncertainty. The labor market differential, which measures the gap between consumers viewing job as plentiful and hard-to-get, has narrowed for nine straight month and is now at lowest level since March 2021.
Sep 30, 2025
Construction Labor Market SoftensThe count of open, unfilled positions in the construction industry decreased in August, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The decline occurred as home building weakened in 2025.
Sep 29, 2025
Characteristics of Homes Built in Age-Restricted CommunitiesIn 2024, approximately 43,000 homes were built in age-restricted communities, representing just over 3% of all housing starts. According to the Census Bureau’s Survey of Construction, roughly three-quarters of these homes (32,000) were single-family units.