Judge Blocks WOTUS Rule in 24 States, a ‘Victory’ for the Housing Industry

The controversial rule the NAHB and NMHC say will negatively affect housing affordability remains in effect in 24 states.

By Vincent Salandro

In a decision hailed as “a major victory” for the housing industry by the NAHB, the U.S. District Court for the District of North Dakota has ruled the Waters of the United States (WOTUS) rule under the Clean Water Act (CWA) cannot be implemented in 24 states. The NAHB, the National Multifamily Housing Council (NMHC), and 16 other industry groups from the construction, agriculture, and infrastructure sectors supported the North Dakota case.

Following bipartisan approval in the House of Representatives and the Senate in opposition to the WOTUS rule, President Joe Biden vetoed the congressional resolution to rescind the the rule last week. However, the decision in North Dakota and a similar decision in a Texas court in March means the WOTUS rule cannot be enforced in 26 states across the country: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.