The high court has granted our request (and that of the EPA) to review a lower court ruling in NAHB v. Defenders of Wildlife that would add new requirements for states that want to administer Clean Water Act permitting programs. These additional requirements would result in higher costs for home builders that would ultimately have to be passed on to buyers.

At issue is the transfer of authority for Clean Water Act permitting from federal regulators to the state of Arizona. Defenders of Wildlife successfully sued the EPA for not considering the needs of endangered species before allowing this transfer. The case opens the door to adding Endangered Species Act considerations any time the federal government transfers administrative authority to a state – not just for Clean Water Act permits, but for other programs and permits as well.

While NAHB has played an important role in other regulatory cases that have gone to the Supreme Court, we have never before appeared and been named as a primary petitioner. In this endeavor, we are joined by the HBA of Central Arizona and the Southern Arizona HBA. The court will hear oral arguments in April.

NAHB Member Benefit: NAHB's ability and drive to take this case all the way to the Supreme Court is a testament to the legal expertise and resources that our federation brings to bear to protect our members and their clients from the unnecessary expenses and hassles caused by yet another layer of regulatory red tape being added to the home building process. According to a federal economic impact statement, the time delays from endangered species consultations in the case of the pygmy owl ranged from five to 18 months. When combined with the costs of onsite mitigation and project modifications, this amounted to between $1.7 million and $2.7 million in additional costs for a typical development in Arizona. Read more in NBN Online, or contact: Duane Desiderio, x8146.

1. NAHB's Position on Housing Affordability
    Drafted by the NAHB State Representatives
    Staff Contact: Dave Crowe (x8383)

2. Financial Institutions Regulation
    Drafted by the Financial Institutions and Capital Markets Subcommittee
    of the Housing Finance Committee
    Staff Contact: Chellie Hamecs (x8425)

3. Repeal of the Low-Income Housing Tax Credit 10-Year Rule for Existing Properties
    Drafted by the Housing Credit Group
    Staff Contact: Carmel McGuire (x8207)

4. Criteria for Evaluating Green House Gas/Climate Change Proposals
    Drafted by the Environmental Issues Committee
    Staff Contact: Michael Mittelholzer (x8660)

5. Position on Property Insurance Issues
    Drafted by the Property Insurance Task Force
    Staff Contact: Ed Sutton (x8564)

6. Nutrient Reductions to Improve Water Quality
    Drafted by the HBA of Virginia
    Staff Contact: Marolyn Parson (x8157)

NAHB Member Benefit: NAHB's resolutions approval process ensures that any member may submit for review of the full Board of Directors a proposed new policy or policy change. This democratic process is integral to the member-governed leadership structure of NAHB, wherein policy is submitted, discussed, debated and ultimately approved or rejected by the membership in an open forum. It also ensures that your concerns and views help steer the association in the proper direction. For more information on the resolutions process, please contact Jay Shackford (x8406). [return to top]