NAHB News

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March 5 Webinar Helps Members Understand Impact of Tax Reform on Their Bottom Lines

The landmark tax reform legislation that took effect Jan. 1 created significant changes in the tax code that will affect the housing industry and our small business members.

To help NAHB members understand how these changes could impact their business, NAHB is hosting a members-only webinar, Tax Reform and Your Bottom Line, at 1 p.m. ET on March 5.

The webinar will feature NAHB tax experts and outside tax counsel who will focus on the specific changes that will most directly impact small businesses, including the 20% pass-through deduction, limitations on the business interest deduction and new depreciation guidelines.

Register for the March 5 webinar at nahb.org/taxwebinar (log-in required).

If you are not able to join the webinar, a replay will be posted on nahb.org.

You can learn more about the new tax law, and NAHB’s influence during the legislative process, at nahb.org/taxreform.

February 27th, 2018|Categories: Member News, NAHB News, News|0 Comments

Supreme Court WOTUS Ruling a Win for NAHB

Supreme CourtThe Supreme Court today ruled that litigation over the controversial 2015 definition of what constitutes “waters of the United States” (WOTUS) must be brought in to the federal district courts rather than circuit courts ─ a decision that will finally allow litigation over the rule to move forward.

In 2015, the Obama Administration issued a new definition of WOTUS when referring to that term in the Clean Water Act (CWA). That definition was immediately met with litigation around the country.

Unfortunately, the Environmental Protection Agency and U.S. Army Corps of Engineers erroneously believed that any litigation must be brought in the federal circuit (or appellate) courts, as opposed to the district (or trial) courts.  This mistake forced litigants to file cases both in district court and circuit court.

Eventually, the circuit court cases were consolidated in the Sixth Circuit Court of Appeals, which ruled that it did have jurisdiction over the challenges to the 2015 WOTUS rule. The Sixth Circuit also issued a nationwide stay of the rule.

Numerous litigants, including NAHB, disagreed with the Sixth Circuit and took the question over jurisdiction to the U.S. Supreme Court.  Today, that court unanimously agreed with NAHB’s position.

The government had asserted many arguments to support its belief that the Sixth Circuit had original jurisdiction over the cases challenging the rule. The Supreme Court, however, explained that the text of the CWA simply did not support any of the government’s arguments.  Therefore, the litigation over the 2015 WOTUS rule must begin in the federal district courts.

Now that the court has answered this question, it will issue a “mandate” to the Sixth Circuit in February and the Sixth Circuit will eventually dismiss all of the circuit court cases.  At the same time, the nationwide stay of the 2015 WOTUS rule will disappear.

However, the North Dakota District Court has enjoined the EPA from enforcing the rule in 13 states and that injunction remains in place.  Therefore, in the next month, NAHB will focus on convincing a district court to issue a nationwide stay of the 2015 WOTUS rule.

This decision may lead to some confusion in the coming days and weeks. It’s conceivable that the 2015 rule could take effect in some states unless the courts, Congress or the agencies take action.

The Trump Administration continues its efforts to rescind the 2015 WOTUS rule and replace it with a new definition that will seek to provide needed clarity and narrow federal CWA authority.

In addition, both the House and Senate fiscal 2018 Interior Appropriations bills and the fiscal 2018 House Energy and Water Appropriations bill include language that would allow the EPA to withdraw the 2015 rule without subjecting this action to judicial review.

This would help the EPA quickly finalize the withdrawal of that rule, ending any uncertainty and allowing all parties to focus time and efforts on creating a new rule.

For additional information, contact Tom Ward.

January 31st, 2018|Categories: NAHB News, News|0 Comments

Chuck Fowke, Florida, Elected as New NAHB Third Vice Chair

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Chuck Fowke, Florida, Elected as New NAHB Third Vice Chair FHBA is proud to announce Chuck Fowke was elected as NAHB Third Vice Chair on Thursday, January 11, 2018, during the NAHB Board of Directors meeting at the International Builders Show in Orlando, Florida.

“Florida has many issues that are relatively unique for our state including hurricane related building code issues, wetland challenges and flood plain requirements,” states Greg Matovina, FHBA President. “Given the unique challenges that the home building industry faces in our State, having a member from Florida serve as NAHB Third Vice President provides a golden opportunity for our issues to be placed front and center for discussion and resolution at the national level.”

“Chuck has demonstrated the leadership and commitment to serve in the NAHB leadership to ensure that Florida’s concerns are well represented.”

Fowke is a past President of the Tampa Bay Builders Association and is a Life Director. Notably, he served as President of the FHBA, is a past NAHB State Representative and is currently serving as the Area 5 National Area Chairman and is an NAHB BUILD PAC Gold Key contributor.

Congratulations, Chuck! FHBA is proud to have you represent Florida’s building industry at the national level.

January 12th, 2018|Categories: NAHB News, News|0 Comments