NAA and NMHC Statement on Supreme Court WOTUS Ruling

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ARLINGTON, VA | May 25, 2023 – The National Apartment Association (NAA) and National Multifamily Housing Council (NMHC) applaud news of the Supreme Court’s ruling in Sackett v. EPA that has narrowed federal jurisdiction under the Clean Water Act. 

Today’s decision provides long-awaited certainty for property owners and housing providers and properly curbs federal overreach of what defines Waters of the U.S. (WOTUS). The apartment industry strongly supports protecting our water resources, but undue and confusing regulations would exacerbate our nationwide housing affordability crisis. 

After years of litigation, the Court unanimously agreed that federal authority was lacking in this case and this ruling limits the universe of properties subject to costly and time-consuming federal permits to develop or redevelop housing.

Those additional hurdles would have created permitting delays, added development costs and created additional legal risks that would exacerbate housing challenges in communities across the country. 

Going forward, NAA and NMHC encourage policymakers at all levels of government to consider housing affordability and the costs that go into the development and rehabilitation of badly needed housing when considering new or expanded regulatory regimes. 


For more than 26 years, the National Apartment Association (NAA) and the National Multifamily Housing Council (NMHC) have partnered on behalf of America's apartment industry. Drawing on the knowledge and policy expertise of staff in Washington, D.C., as well as the advocacy power of 141 NAA state and local affiliated associations, NAA and NMHC provide a single voice for developers, owners and operators of multifamily rental housing. One-third of all Americans rent their housing, and 40 million of them live in an apartment home.