The U.S. Senate on Wednesday passed a resolution to do away with the controversial Waters of the United States (WOTUS) rule. WOTUS would redefine how “waters of the United States” are subject to federal regulations under the Clean Water Act.
Wednesday’s Resolution of Disapproval passed 53-44. It came under the Congressional Review Act, which authorizes Congress by majority vote to repeal actions by a federal agency after a rule is formally published and submitted to Congress.
The U.S. House is expected to take up and approve the resolution as well. But President Barack Obama has threatened to veto the resolution, and overturning a veto would require 67 votes in the Senate.
Obtaining 67 votes in highly unlikely, said Senator John Hoeven (R-ND), who sits on the Senate Appropriations subcommittee that oversees EPA and the Army Corps of Engineers, and who opposes WOTUS. He is working to get a provision in the fiscal 2016 omnibus spending bill that would prevent the rule from being enforced.
“The court can lift the injunction at some point,” Hoeven said. “And, if we can include WOTUS in the (omnibus) appropriations bill, essentially that takes care of it through the Obama administration and then we’ll be dealing with a new administration.”
Wednesday’s resolution followed an unsuccessful effort on Tuesday by WOTUS opponents in the Senate to block its implementation. Forty-one senators voted against Tuesday’s attempt, enough to prevent the bill from a vote on the floor. The bill, which needed 60 votes to receive a full debate, fell three votes short, 57-41.
The margin of that vote makes it unlikely WOTUS opponents would receive the 67 votes needed to overturn a presidential veto.
A North Dakota federal judge issued an order in August that blocked enforcement of the rule in 13 states, and then the Sixth U.S. Circuit of Appeals last month extended the stay nationwide. The Sixth Circuit, based in Cincinnati, has scheduled oral arguments for December 8.
