- The BIA of San Diego continues its legal challenge against a National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board under the authority of Section 402 of the federal Clean Water Act. Section 402 permits are required when pollutants, such as sediment, are discharged into “navigable waters.” The BIA is appealing a trial court decision upholding the permit.
- In South Carolina, the Charleston Trident HBA has challenged an impact fee ordinance adopted by the town of Summerville for parks and recreation, fire services, and municipal facilities and equipment. According to the HBA, this case is the first impact fee challenge in the state.
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In Texas, a developer requested that NAHB legal staff write an amicus brief to support his argument that the application of provisions of the Endangered Species Act to karst invertebrates (cave bugs) violates the Commerce Clause of the U.S. Constitution. The 5th Circuit ruled otherwise, and the developer now wants the case to be heard by the U.S. Supreme Court.
All five of the recommendations for assistance from the NAHB Legal Action Fund were approved by the NAHB Executive Board.
Applications for funding from home builders associations and members who are involved in legal cases of common importance or national significance to the home building industry are reviewed three times a year during NAHB board meetings.
The deadline for Legal Action Fund applications for the fall board meeting in Columbus, OH, is Aug. 23.
For grant applications and guidelines, association members can click here. For further information on these grants, e-mail Mary Lynn Pickel, NAHB’s director of legal services, or call her at 800-368-5242 x8485. For information on submitting an application, contact Jon Luther, staff counsel, x8329.
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