Supreme Court Hears EPA Clean Air Act Permitting Case
The U.S. Supreme Court heard arguments today regarding the Environmental Protection Agency’s interpretation of Clean Air Act provisions that could lead to serious economic consequences with no clear environmental benefit, NAHB believes.
EPA’s stance could be used to require builders and developers to obtain a predevelopment permit for carbon dioxide emissions on more than one-third of all natural gas-heated apartment and condominium buildings constructed each year.
NAHB is part of an industry coalition that is one of several petitioners in the case Utility Air Regulatory Group et al v. EPA, arguing that the agency’s attempt to broaden its program – one in which permits already take three years to process in the overloaded regulatory system – is not permitted by the Act.
If EPA is allowed to proceed down this regulatory path, the costs could be are staggering. An analysis of EPA’s own estimates show that the average multifamily building permit would cost about $60,000, but factoring in the delay costs could add another $200,000 to developments of 50 or more units.
“Just imagine what happens when these costs are passed on to renters and buyers, especially those seeking more affordable homes,” said NAHB chairman Kevin Kelly. “And think about the wider impact to the economy when these homes are suddenly much more expensive, including effects to employment and government tax revenue.”
The Court will issue its ruling on the case later this year.
Tags: Clean Air Act, courts