South Carolina Attorney General Alan Wilson joined a 15-state coalition and the National Association of Home Builders to challenge radical energy efficiency standards that undercut affordable housing. The filing against the US Department of Housing and Urban Development (HUD) and the US Department of Agriculture (USDA) details how both agencies are harming Americans, particularly low-income and first-time homebuyers. The standards are so cost-ineffective that the International Code Council (ICC) and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) have already partially rolled them back, a fact that seems lost on the current administration and agencies.
“These misguided energy mandates are yet another example of Washington overreach that hurts hardworking Americans,” said South Carolina Attorney General Wilson. “By imposing unnecessary costs, these policies put the dream of homeownership out of reach for too many families, particularly those who are already struggling. South Carolina stands with our coalition to fight back against these burdensome regulations and protect affordable housing for all.”
HUD and USDA concede the standards will cost up to $8,345 for each covered new home. But estimates by industry professionals show the actual costs are far higher--up to $31,000 per new home. HUD and USDA project that over 161,000 new units of single-family housing and more than 17,000 new units of multi-family housing will be affected every year. The agencies concede the new standards will drive down production of affordable housing at a time when middle-class families are finding homeownership out of reach and homelessness is at an all-time high.
The state attorneys general are asking the Court to rule that Section 109 of the Cranston-Gonzalez Act is unconstitutional to the extent it delegates to the International Code Council or ASHRAE the authority to set energy efficiency standards for covered housing. They’re also asking the Court to rule that the 2024 Final Declaration is arbitrary, capricious, an abuse of discretion, and contrary to law, and for an order blocking the agencies from applying energy efficiency standards to covered housing where the standards are not consistent with the constitutional provisions of Section 109 of the Cranston-Gonzalez Act.
Joining South Carolina on this lawsuit, led by Utah and Texas, are the states of Alabama, Arkansas, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, Tennessee, and West Virginia, as well as the National Association of Home Builders.
The case is captioned Utah v. Todman; it is pending in the Eastern District of Texas. Utah is represented by AG Reyes and designated attorney(s) within his office; the various plaintiff states are represented by their Attorneys General and designated attorneys; and NAHB is represented by Scott St. John.
Original source can be found here.