Supreme Court Rules Against EPA in Permitting Case Supported by NAHB

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

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. 

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

IBS | Awards

Jan 21, 2026

NAHB Announces 2026 Best of IBS Finalists

More than 300 product entries in nine categories were judged by 42 industry and media representatives. See which products were selected as finalists in the 2026 Best of IBS Awards.

Trends

Jan 21, 2026

Single-Family Home Size Continues to Decline

The market could see a leveling off of home size trends in 2026 as mortgage interest rates approach 6% on a sustained basis.

View all

Latest Economic News

Economics

Jan 21, 2026

Private Residential Construction Spending Edges Higher in October on Home Improvements

Private residential construction spending was up 1.3% in October, rebounding from a 1.4% decline in September 2025. This modest gain was primarily driven by increased spending on home improvements.

Economics

Jan 21, 2026

Single-Family Permits Cooled in the Fall

In October, single-family building permits weakened, reflecting continued caution among builders amid affordability constraints and financing challenges. In contrast, multifamily permit activity remained steady and continued to perform relatively well.

Economics

Jan 20, 2026

New Single-Family Home Size Trends: Third Quarter 2025

New single-family home size has been generally falling since 2015 as a response to declining affordability conditions. An exception occurred when new home size increased in 2021 as interest rates reached historic lows. However, as interest rates increased in 2022 and 2023, and housing affordability worsened, the demand for home size has trended lower.