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
May 22, 2026
Which Home Owners Are Fueling Today’s Remodeling Market?With elevated mortgage rates and limited for-sale inventory making it harder to move, many home owners are instead choosing to invest in the homes they already own. In 2024, an estimated $670 billion was spent on remodeling projects.
May 22, 2026
Local Leaders and Builders Unite to Tackle Workforce Gaps in HousingNAHB’s state and local team earlier this year helped convene mayors, city leaders, planners and builders in Orlando as part of the America’s Housing Comeback discussion series to examine workforce development challenges.
Latest Economic News
May 26, 2026
First Quarter 2026 Multifamily Construction DataAccording to NAHB analysis of quarterly Census data, the count of multifamily, for-rent housing starts increased year-over-year during the first quarter of 2026. For the quarter, 107,000 multifamily residences started construction.
May 25, 2026
Custom Home Building – A Bright Spot for ConstructionWith overall single-family construction down 5% for the first four months of 2026, custom home building has been a relative bright spot. The custom building market is less sensitive to the interest rate cycle than other forms of home building but is more sensitive to changes in household wealth and stock prices.
May 25, 2026
Single-Family Built-to-Rent Slowed at Start of 2026Single-family built-for-rent (or built-to-rent, BTR) construction fell back in the first quarter of 2026, as a higher cost of financing, increased multifamily supply and policy concerns over Congressional legislation related to institutional capital froze parts of the development market.