The National Association of Home Builders (NAHB) has applauded the Supreme Court's unanimous decision in the case of Sackett v. EPA, which redefines the scope of the Clean Water Act. Alicia Huey, chairman of NAHB, emphasized that this ruling is a victory against federal overreach and a step towards common-sense regulations and housing affordability.

The Supreme Court's decision is expected to have implications for the Biden administration's new definition of Waters of the United States (WOTUS), which expanded the federal government's jurisdiction under the Clean Water Act to include isolated wetlands, ephemeral streams, and human-made drainage features. The NAHB argues that the Biden WOTUS rule unnecessarily extends the areas where home builders are required to obtain federal wetlands permits, leading to increased housing costs and delays in the permitting process.

 

Huey stated, "Adding uncertainty and delay to the federal permitting process needlessly raises housing costs at a time when the nation is already facing a housing affordability crisis." The NAHB calls for the Biden administration to develop a new definition of WOTUS that balances the protection of water resources with practicality, avoiding infringement on states' rights and burdensome permitting requirements.

The NAHB's position aligns with concerns raised by the homebuilding industry regarding the regulatory burden and its impact on housing affordability. With the Supreme Court's verdict, there is an opportunity for the administration to revisit the WOTUS rule and implement a more durable and practical approach that achieves the goal of protecting water resources while addressing the needs of the housing sector.

As the discussion continues, stakeholders will be closely watching for the administration's response and potential revisions to the WOTUS rule. Balancing environmental protection and economic considerations remains a challenge, and finding common ground will be crucial in ensuring sustainable development and affordable housing for the nation.

https://www.nahb.org/news-and-economics/press-releases/2023/05/nahb-commends-supreme-court-ruling-in-sackett-v-epa