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

Housing Finance

Apr 07, 2026

Trump Seeks Nearly $11 Billion Cut to HUD Programs

President 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).

Sustainability and Green Building

Apr 06, 2026

Emerging Green Building Professional Spotlights Innovative Takeaways from IBS

The 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.

View all

Latest Economic News

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.

Economics

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.

Economics

Apr 03, 2026

Job Growth Rebounds in March

The 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.