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

Education | Certified Aging-in-Place Specialist (CAPS)

Jul 21, 2026

Learn Design Concepts for Age-in-Place Housing

In August, NAHB will hold three, day-long live online courses for those looking to earn their Certified Aging-in-Place Specialist (CAPS) credential.

Economics

Jul 21, 2026

Which Exterior Material Is Used Most in Single-Family Homes?

Holding just over a quarter share of homes, vinyl siding was the most used principle exterior wall material for homes started in 2025, surpassing stucco for the second time since 2018.

View all

Latest Economic News

Economics

Jul 21, 2026

Shrinking Lots: Trend Levels Off as Smaller Lots Remain the Norm

The long-term shift toward building single-family detached homes on smaller lots appears to have stabilized. According to the latest Survey of Construction (SOC), the share of new homes built on smaller lots remained near record highs in 2025, following more than a decade of steadily shrinking lot sizes.

Economics

Jul 20, 2026

Exterior Material Trends in Single-Family Homes

Vinyl siding was the most used principle exterior wall material for homes started construction in 2025. This material held just over a quarter share of homes, surpassing stucco for the second time since 2018. The declining share for stucco reflected the slowdown for home building in parts of the Sun Belt.

Economics

Jul 17, 2026

Multifamily Gains Lift Overall Starts Despite Single-Family Decline

Strong multifamily growth pushed overall housing starts higher in June, while single-family production remained sluggish as elevated mortgage rates, rising construction costs and persistent labor shortages continued to weigh on the market.