Monday Morning Briefing Letter - 04/16/2007 (Plain Text Version)

By Brian Catalde, NAHB President and
Jerry Howard, NAHB Executive VP and CEO

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Gearing up for our Supreme Court case

that will be heard on April 17, NAHB held a media teleconference this week to preview the oral arguments that will be made in NAHB v. Defenders of Wildlife.

The case involves two of the major environmental statutes with which NAHB members must contend every day – namely, the Clean Water Act and Endangered Species Act. It arose when environmental groups sued the EPA for not considering the impacts to endangered species when it handed over authority for Arizona's Clean Water Act permitting program to the state. As NAHB Staff Vice President for Legal Affairs Duane Desiderio explained, Arizona is the 45th state to apply for and receive authority to issue storm water discharge permits, and the fact that the state met each of the nine specified criteria for ensuring water quality prior to taking over the program is not in dispute. Rather, the question is whether ESA concerns can be added as a 10th requirement (that is not mandated by Congress) for transfer of CWA permitting authority.

Should the U.S. Supreme Court fail to overturn a 9th U.S. Circuit Court of Appeals decision that ESA requirements do apply in this case, it could effectively tie endangered species consultation requirements to other federally funded programs, including everything from Section 8 housing grants to Medicaid and welfare programs. And from a builder's perspective, it could essentially distort the meaning of the Clean Water Act to that of the "Dry Land Regulation Act," whereby every single construction site could theoretically be required to undergo an endangered species consultation prior to obtaining a Clean Water Act permit. While protecting endangered species is important, that protection is already afforded under the auspices of the ESA itself without being tied to Clean Water Act permits that are meant to ensure water quality. Hear a full replay of the call by dialing 1-877-344-7529 and entering 404832 followed by the # key.

NAHB Member Benefit: More than a dozen members of the environmental and trade press participated in NAHB's teleconference, which should help avoid negative and erroneous news accounts of what this case is all about when it's heard on April 17. The case itself is very important to NAHB members because of its potential ramifications in the regulatory arena, whereby additional permitting requirements could be quite costly to builders and home buyers if the Supreme Court does not overturn the previous court's decision – with no additional resulting benefit to the environment. Read more in the next NBN Online, or contact Duane Desiderio, x8146.

The ESA is not the proper vehicle for addressing climate change,

NAHB told the U.S. Fish & Wildlife Service (FWS) in comments we submitted in response to the agency's recently proposed listing of the polar bear as a threatened species under the Endangered Species Act (ESA). While NAHB neither opposes nor supports the listing of the polar bear, it's important to ensure that if the species is listed as threatened, protections for it be limited to those that fall within the boundaries set by the ESA, we noted. The issue has far-reaching ramifications because, if the FWS chooses to identify climate change as the principal threat to polar bear habitat, it might take an expansive interpretation of the law to rule that actions that take place hundreds of miles from where the polar bear lives have an impact on its habitat. For example, as NAHB clearly stated in our letter to the agency, petitioners of the listing are using it as "the basis to compel the state of California to place restrictions on residential development because of the presumed effects of climate change" on the polar sea ice that is the creature's habitat. Concerned that FWS may overstep its bounds, NAHB urged the agency to proceed cautiously in developing rules for protecting polar bears and to "properly limit the scope" of its listing to that which is conferred by the governing statute. Contact Diane Keefe at x8663, or see the upcoming edition of NBN Online for more information.

NAHB Member Benefit: NAHB's input in the government's decision of whether and how to enlist special protections for the polar bear is extremely important to our members because of the potential for expansion of ESA regulatory authority to include activities related to global warming - no matter how distant those activities may be from the location of the endangered species at issue. When a housing development in California can be affected by a law meant to protect an endangered species that lives in arctic regions, that is overstepping the bounds of reason and could have devastating effects on our industry as well as our economy. [return to top]

Builder views got some great exposure in the mainstream media

with NAHB Executive Vice President & CEO Jerry Howard's appearances on two of the most popular news shows on television last week. On April 9, a segment featuring an interview with Jerry aired on ABC World News Tonight. That segment dealt with immigration reform and ID fraud, focusing in part on how illegal immigrants are often hired in good faith by employers who are duped by falsified documents that are the product of a burgeoning forgery industry. And on April 10, Jerry was on CNN American Morning during a housing trends story that was picked up by dozens of local television stations around the country. Both interviews can be viewed for the next 14 days via this Web link. Contact: Donna Reichle, x8473.

NAHB Member Benefit: The appearance of NAHB Senior staff and officers on mainstream media outlets is key to getting the views of our members on various issues heard, understood and accurately reported. Not only does it increase our visibility and credibility with the press, but it can lead to greater public understanding of, and sympathy for, the challenges that confront home builders on a daily basis as they operate in one of the most highly regulated industries on earth. [return to top]

A free new e-publication for NAHB custom home builders

has just been launched. Custom Home Building Quarterly is a great resource that includes business management tips by and for custom builders as well as links to NAHB business management resources and news from NAHB's Custom Home Builders Committee. Subscribers to the report will also receive regular updates on NAHB's premier education and networking event for custom builders – the Custom Builder Symposium to be held Oct. 26-28 at the Naples Grande Resort and Spa in Naples, FL. Get more information and subscribe to this free report online. You can also submit short articles for publishing in the e-newsletter by emailing customeditor@nahb.com.

NAHB Member Benefit: NAHB produces a variety of e-newsletters that focus on specific areas of interest to home builders, associates, the public and even the press. Eye on the Economy, which is written by NAHB's Chief Economist, and NBN Online, the official NAHB e-newsletter, are available to anyone who wishes to subscribe. Our other newsletters are developed exclusively for members. To view some of the publications we have to offer, click here. [return to top]

NAHB has reached the $1 million mark for ad assistance

through our popular "Buy Now" matching grant program that you've read about in past issues of this report. All together, $1 million worth of grants have been approved, bolstering ad campaigns worth a total of $3.5 million. Another $2 million worth of assistance will be made available pending the assessment phase that is now underway, so HBAs that haven't yet applied for assistance should go ahead and do so now. To find out whether your local is eligible to receive assistance under this great program, visit www.nahb.org/buynowapplication or call Niki Clark at x8061.

NAHB Member Benefit: The "Buy Now" assistance campaign for HBAs is a prime example of how your NAHB membership dues dollars are being put to work for you. NAHB routinely devotes resources and expertise to support our local HBAs and their members, and this most recent program is one of the largest such efforts yet. The idea is to help home buyers see the positives of today's housing market and drive more business to your door using tried and true advertising techniques and messages tailored to each specific market. Also, please see NAHB's Web site for a variety of "It's a Great Time to Buy" materials that you can use right now -- from press releases to sample op-eds, ads and public relations tips. All of these resources are available free of charge to NAHB members. [return to top]

The final tally for NAHB's National Green Building Conference

held last month in St. Louis, MO was even better than expected and is a testament to the increasing popularity of environmentally sensitive construction and builders' commitment to bringing green materials, techniques and ideas further into the mainstream. All told, when the dust had settled after this incredibly successful event, 1,099 people had registered, compared to 690 last year. A green-home tour was attended by 215 participants, while more than 200 showed up for the National Green Building Awards dinner. NAHB members and staff have already been discussing how to make next year's National Green Building Conference even better, so plan on attending this fast-growing event! Contact: Calli Schmidt, x8132.

NAHB Member Benefit: NAHB is committed to helping our members promote, implement, market and sell green building products and services. The NAHB National Green Building Conference is an annual event that brings a vast array of green building resources and experts together in order to provide you with the best possible advice and instruction. [return to top]

Two important events to keep in mind:

NAHB's Spring Construction Forecast Conference - April 26: Panels of nationally recognized experts will discuss the outlook for the economy as well as national and regional housing forecasts and results from recent NAHB industry surveys. If you can't make it to DC for this great event, dial into our live webcast at www.nahb.org/cfcwebcast. See our Web site for more information.

NAHB's Spring Legislative Conference - June 6: This is a unique opportunity to discuss legislative issues that will have a direct impact on your business's bottom line with your federal representatives and senators on Capitol Hill. Go online for more information, or contact Jessica Boyce at x8334. [return to top]

The Monday Morning Briefing will skip a week

due to advance preparations for NAHB's upcoming Executive Board Meeting that takes place April 26-29 in Las Vegas, NV. Keep a lookout for our next edition, dated April 30, for all the latest news on economic indicators and highlights of the Las Vegas meeting. [return to top]