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

Membership

Mar 10, 2026

NAHB Announces 7 Fall Recruitment Competition Winners

For their efforts, top Builder winners earned LG laundry machines, and Associate winners and all runners-up earned International Builders’ Show (IBS) VIP ticket packages, including registration to the show, IBS House Party tickets, opening ceremony seat reservations and VIP Closing Concert tickets.

Building Systems Councils

Mar 09, 2026

Laura Dwyer Wins SA Walters Lifetime Achievement Award for Systems Built Housing

The NAHB Building Systems Councils has awarded the S.A. Walters Award for Lifetime Achievement in Systems Built Housing to Laura Dwyer, recognizing her decades of leadership, innovation, and service to the homebuilding industry.

View all

Latest Economic News

Economics

Mar 10, 2026

AD&C Loan Volume Falls Despite Declining Financing Costs

Single-family construction lending fell in the fourth quarter, according to data released by the Federal Deposit Insurance Corporation (FDIC).

Economics

Mar 09, 2026

Lower Mortgage Rates Boost Refinancing While Purchase Activity Slows

Mortgage application activity increased month-over-month as the 30-year fixed mortgage rates reached a three-year low.

Economics

Mar 06, 2026

U.S. Economy Loses 92,000 Jobs in February

The U.S. labor market weakened in February, as payroll employment declined and the unemployment rate rose to 4.4%. The cooling labor market could place the Federal Reserve in a challenging position as policymakers weigh slower job growth against inflation pressures from rising oil prices.