In a Win for NAHB Members, Biden WOTUS Rule Struck Down in 26 States
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.
Latest from NAHBNow
Jan 15, 2026
Remodeling Market Sentiment Strengthens in Fourth Quarter of 2025The National Association of Home Builders (NAHB) released its NAHB/Westlake Royal Remodeling Market Index (RMI) for the fourth quarter, posting a reading of 64, up four points compared to the previous quarter.
Jan 14, 2026
Upcoming NAHB Webinar Will Highlight Updates to NGBSA new edition of the National Green Building Standard (NGBS) will be coming out soon. NAHB is hosting a webinar on Wednesday, Jan. 28, at 2 p.m. EST for members to learn more about the update.
Latest Economic News
Jan 15, 2026
Remodeling Market Sentiment Strengthens in Fourth Quarter of 2025In the third quarter of 2025, the NAHB/Westlake Royal Remodeling Market Index (RMI) posted a reading of 64, increasing four points compared to the previous quarter.
Jan 15, 2026
Existing Home Sales Climb to Near 3-Year High in DecemberExisting home sales rose in December to the fastest pace in nearly three years, but annual sales for 2025 remained at a 30-year low as elevated home prices and mortgage rates kept buyers on the sidelines, according to the National Association of Realtors (NAR).
Jan 14, 2026
Building Material Price Growth Remains Elevated in NovemberResidential building material prices continued to experience elevated growth, according to the latest Producer Price Index release from the Bureau of Labor Statistics. Price growth has been above 3.0% since June this year, despite continued weakness in the new residential construction market.