2027 IBS Registration Open
 
Register by Sept. 30 to lock in the best deals: Register now
 

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
Sep 01, 2026
Registration Now Open for NAHB International Builders’ Show in Las Vegas

The National Association of Home Builders (NAHB) officially opened online registration and housing today for the 2027 NAHB International Builders’ Show® (IBS), the largest annual light construction trade show in the world.

Economics
Sep 01, 2026
Large Metro Core Counties Drive Drop in Single-Family Market Share

Single-family construction remained soft across most geographic areas in the second quarter of 2026, as rising building material costs, elevated interest rates and economic uncertainty continued to weigh on the industry. By contrast, multifamily construction strengthened in most regions, supported by solid rental housing demand, according to the latest findings from the NAHB Home Building Geography Index (HBGI).

View all

Latest Economic News

Economics
Aug 31, 2026
Serious Delinquencies Edge Lower While Mortgage Transitions Rise

Household debt delinquency rates showed signs of stabilization in the second quarter of 2026 as overall share of delinquency balances edged lower and the transition to seriously delinquent debt declined for the second consecutive quarter.

Economics
Aug 31, 2026
Single-Family AD&C Lending Falls Back in Q2

Single-family construction lending fell slightly in the second quarter, according to data released by the Federal Deposit Insurance Corporation.

Economics
Aug 28, 2026
Multifamily Absorption Rate Remains Below 50%

The percentage of new apartment units that were absorbed within three months after completion was down five percentage points in the first quarter, according to the Census Bureau’s latest release of the Survey of Market Absorption of New Multifamily Units (SOMA).