With bipartisan support, the Senate passes Íæż½ã½ã-backed legislation to repeal a new Waters of the U.S. (WOTUS) rule expanding federal permitting jurisdiction over wetlands and more construction projects, bolstering Íæż½ã½ã litigation—which has expanded to 26 states—against the rule.
On March 29, four Senate Democrats—Sens. Cortez Masto (Nev.), Manchin (W.Va.), Rosen (Nev.), Tester (Mont.)—and Senator Sinema (I-Arizona) joined Republicans in voting for Íæż½ã½ã-backed legislation to repeal the Biden administration’s Waters of the U.S. (WOTUS) rule expanding federal permitting jurisdiction over wet areas and more construction projects. The House the repeal measure on March 9. The president is expected to veto the WOTUS rule repeal bill and Congress will not have enough votes to override the veto, thereby keeping the rule in place.
The significance, however, of such legislation passing both the House and Senate is that it shows the courts that Congress holds that the Administration exceeded its authority under the Clean Water Act in issuing this new rule. When the Senate voted in favor of repealing the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination or testing emergency temporary standard (ETS) in 2022, the U.S. Supreme Court cited that vote as evidence that Congress found OSHA exceeded its statutory authority in issuing the ETS. The Court, in that decision, struck down the ETS.
On March 19, Íæż½ã½ã-backed litigation halted the WOTUS rule from taking effect in Texas and Idaho. Íæż½ã½ã recently intervened in a case comprising of 24 states filed in North Dakota to block implementation of the rule in an effort to help even more construction projects. These votes in Congress bolster Íæż½ã½ã’s case against the WOTUS rule.
Íæż½ã½ã thanks members who contacted their congressional representatives in support of repeal via Íæż½ã½ã’s Action Alert.