In a Win for NAHB Members, Biden WOTUS Rule Struck Down in 26 States

Legal
Published
Contact: Thomas Ward
[email protected]
VP, Legal Advocacy
(202) 266-8230

In a major victory for developers and landowners, the U.S. District Court for the District of North Dakota has ruled that the Biden “waters of the U.S.” (WOTUS) rule cannot be implemented in 24 states while the challenge to the rule moves forward.

NAHB and 17 other industry groups are a party to this case and the court ruling adds to the two-state preliminary injunction we received by a Texas court several weeks ago, meaning that the Biden WOTUS rule cannot currently be enforced in 26 states – more than half the nation.

A third challenge that NAHB did not participate in was brought in Kentucky, but that case was dismissed.

In its 45-page ruling, the North Dakota court cited several arguments that the states made in their request for a preliminary injunction:

  • “The Court finds that the new 2023 Rule is neither understandable nor ‘intelligible,’ and its boundaries are unlimited.”
  • “The treatment of tributaries under the new 2023 Rule is suspect.”
  • “The Court notes that the treatment of wetlands is plagued with uncertainty.”
  • “The phrase ‘waters of the United States’, a term that has been hopelessly defined for decades, remains even more so under the 2023 Rule. It is doubtful Congress endorsed the current efforts to expand the limits of the Clean Water Act… There is little that is intelligible about the 2023 Rule and the broad scope of its jurisdiction.”
  • “This Court agrees there are serious constitutional concerns triggered by the implementation of the EPA’s new 2023 Rule.”

As a result of the North Dakota and Texas court decisions, injunctions against the Biden WOTUS rule are now in effect in the following states:

Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

The U.S. Supreme Court will also be issuing a ruling in the coming weeks in the case of Sackett v. EPA, which is squarely focused on the legality of the significant nexus text, a critical part of the Biden WOTUS rule.

A verdict for Sackett would mean that the administration would essentially have to scrap its WOTUS rule. NAHB continues to call on the administration to craft a new WOTUS rule that restores common sense and predictability to the federal wetlands permitting process while maintaining environmental protection of our nation’s waterways.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Remodeling | Business Management

Apr 10, 2026

Home Remodeling Profit Margin Jumps on Demand and Business Practices

Profitability for residential remodelers reached its highest level in nearly 30 years in 2024, according to NAHB’s most recent Remodelers’ Cost of Doing Business Study.

View all

Latest Economic News

Economics

Apr 09, 2026

Remodeling Market Sentiment Edges Down but Remains Positive in First Quarter

In the first quarter of 2026, the NAHB/Westlake Royal Remodeling Market Index (RMI) posted a reading of 62, down two points compared to the previous quarter. Despite this decline, the overall reading has been solidly in positive territory since Q1 2020.

Economics

Apr 08, 2026

Remodelers Saw Profit Margin Gains in 2024

Profitability for residential remodelers reached its highest level in more than two decades in 2024. Industry-wide profit benchmarks are important because they allow companies to evaluate their financial performance in context with the industry.

Economics

Apr 07, 2026

Rising Rates Weigh on Mortgage Activity

Mortgage application activity decreased month-over-month as the 30-year fixed mortgage rate rose. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, declined 4.3% from February on a seasonally adjusted basis but remained 30.8% higher than a year earlier.