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
Oct 28, 2026
How Project Managers Can Effectively Set Expectations to Find Success

Hone your management skills in an upcoming Nov. 12 live online course titled “Project Controls Fundamentals: Monitoring Scope, Cost and Time” from 1-4 p.m. ET.

Codes and Standards
Oct 28, 2026
What a Building Code Study Gets Wrong About Housing Affordability

A working paper from researchers at the University of Alabama concludes that when a jurisdiction adopts new residential building codes, it has no effect on the sales prices of homes. But a close technical review reveals that the study’s policy conclusions go well beyond what its analysis can establish.

View all

Latest Economic News

Economics
Oct 28, 2026
Homeownership Rate Rises to 65.5%

The latest homeownership rate reached 65.5% in the third quarter of 2026, according to the Census’s Housing Vacancy Survey (HVS). While this was a modest quarterly decrease, the broader picture continues to reflect significant affordability challenges.

Economics
Oct 28, 2026
Fed Holds Rates, With Two Votes for Another Hike

The Federal Reserve maintained the federal funds rate at a target range of 3.75% to 4% at the conclusion of its October policy meeting. Approved by a 10–2 vote, the decision followed September’s quarter-point increase. Federal Open Market Committee members Lisa Cook and Beth Hammack dissented, supporting another 25-basis-point increase for October.

Economics
Oct 27, 2026
Affordability Challenges Push New Home Sales Lower

High mortgage rates and economic uncertainty continued to keep potential home buyers on the sidelines and constrain new home sales in September. New home sales declined from August and remained below year-ago levels, with year-to-date sales also lagging for 2025.