NAHB Presents Oral Arguments Challenging HUD’s 2021 IECC Mandate

On July 9, the Federal District Court for the Eastern District of Texas heard oral arguments in NAHB’s challenge to the government’s final determination requiring that homes built under certain housing programs comply with the 2021 International Energy Conservation Code (IECC) and 2019 ASHRAE-90.1.  

NAHB’s coalition, which includes 15 states, argued:

• The underlying statute unconstitutionally delegates too much authority to private companies,
• The government misinterprets the statute,
• The government improperly applied the statute, and
• The agencies based their decision on a faulty analysis.  

In addition to responding to NAHB’s arguments, the government sought to suspend a court decision while it mulls whether to reconsider the final determination. 

Both sides took about 30 minutes each to present their arguments. District Judge Jeremy Kernodle was very prepared and engaged, and directed detailed questions to both attorneys. He seemed interested in NAHB’s argument that the government has misinterpreted the underlying statute. In the end, he said he would take the matter under advisement. 

NAHB suspects an opinion in the fall.