Supreme Court Rules Against EPA in Permitting Case Supported by NAHB
The U.S. Supreme Court yesterday handed down a decision in San Francisco v. EPA, a case concerning the Environmental Protection Agency’s duties to provide a path to compliance for certain clean water permits. NAHB filed an amicus brief in the case.
The case concerned “water quality standards” related to federal wastewater permits and how EPA must describe a permittee’s duties to meet those standards. In San Francisco’s permits, EPA said that the city had to meet the receiving waters’ — in this case, the Pacific Ocean — “water quality standard” without telling the city how that should be accomplished. San Francisco claimed this condition violated the Clean Water Act (CWA) and the Supreme Court agreed.
NAHB filed an amicus brief in the case over the concern that if the court agreed with San Francisco’s argument, it could go too far and require EPA to include numeric discharge limits in CWA permits.
A large portion of NAHB members must comply with “construction general permits” (CGPs) due to their earthwork on site. CGPs contain “narrative” permit conditions, often referred to as “best management practices.” NAHB’s brief explained how narrative permit conditions comply with the CWA and cautioned the court not to eradicate them.
In deciding the case, the court focused on the words of the CWA that direct EPA to create limitations in permits to “meet” or “implement” water quality standards. It provided that simply telling permittees to comply with water quality standards does not explain how to “meet” or “implement” them. As a result, the court ruled in favor of San Francisco.
Moreover, the court went out of its way to ensure that the narrative requirements were not at issue in this case and that such requirements are allowed by the CWA. In fact, the court cited NAHB’s brief twice to make these points.
Latest from NAHBNow
Apr 07, 2026
Trump Seeks Nearly $11 Billion Cut to HUD ProgramsPresident Trump has proposed a budget that would cut non-defense discretionary spending by $73 billion for fiscal year 2027, which runs from Oct. 1, 2026, through Sept. 30, 2027. The spending reductions include a $10.7 billion cut — about 13% — for the U.S. Department of Housing and Urban Development (HUD).
Apr 06, 2026
Emerging Green Building Professional Spotlights Innovative Takeaways from IBSThe NAHB IBS Sustainability and Green Building Scholarship aims to provide emerging green builders exposure to the world of high-performance homes and help them jump-start their professional journey by attending the International Builders’ Show (IBS). This year’s winner is Grace Weger, a green builder making a meaningful impact in the world of affordable housing.
Latest Economic News
Apr 07, 2026
Rising Rates Weigh on Mortgage ActivityMortgage 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.
Apr 06, 2026
Which States and Construction Trades Depend the Most on Immigrant Workers?Immigrants’ share of the construction workforce reached a record high in 2024, with foreign-born workers accounting for more than a quarter of the industry’s labor force (26.3%). The share is even higher among construction trades, for which one in three craftsmen is foreign-born.
Apr 03, 2026
Job Growth Rebounds in MarchThe U.S. labor market showed signs of a modest rebound in March following a weak February, as payroll employment increased and the unemployment rate edged down to 4.3%. Job growth was led by healthcare, construction, and transportation and warehousing.