NAHB chairman explains motivation for joining lawsuit vs. EPA

National Association of Home Builders (NAHB) Chairman Tom Woods released a statement late last week to explain why the organization has joined a lawsuit against the Environmental Protection Agency (EPA) and the Army Corps of Engineers over the Waters of the U.S. rule that the agency is implementing.

“NAHB’s efforts to work with the agencies to shape the proposed Waters of the U.S. rule into a more workable solution were largely ignored,” Woods said. “As such, we had no other choice than to file suit in an attempt to rein in their attempts to exert jurisdiction over virtually every water feature imaginable.”

The rule has been criticized by some states and industry groups since it was initially proposed due to its expansion of EPA jurisdiction, which was widened to include waters that feed into navigable waterways. This means that negligible waterways can now be regulated by the industry.

“The rule leaves the identification of jurisdictional waters so vague and uncertain that our members cannot determine whether and when the most basic activities undertaken on their land will subject them to the Clean Water Act’s permitting requirements..” Woods said. “This rule will needlessly raise housing costs and add more regulatory burdens to industries already struggling in a recovering economic environment.”

The NAHB joins other industry groups and 27 states in the lawsuit.