President Barack Obama vetoed legislation this week that would have nullified the administration’s rule defining the jurisdiction of the Clean Water Act, also widely referred to as the “Waters of the U.S.” rule (WOTUS).
The Environmental Protection Agency (EPA) rule would have been negated by a joint resolution of Congress passed under authority of the Congressional Review Act. The resolution was passed by the Senate in November and the House on January 13.
In his veto message, President Obama said, “The rule, which is a product of extensive public involvement and years of work, is critical to our efforts to protect the nation’s waters and keep them clean; is responsive to calls for rulemaking from the Congress, industry, and community stakeholders; and is consistent with decisions of the United States Supreme Court,”according to Bloomberg,
The Clean Water Rule, is the subject of litigation in many courts. It has been put on hold by the U.S. Court of Appeals for the Sixth Circuit pending a decision on what court jurisdictions are appropriate for lawsuits against the rule.
Senate Republicans fell short Thursday in their attempt to override the veto. Fifty-two senators voted to move forward with an attempt to override Obama’s veto of the resolution, short of the 60 votes needed.
Senators Heidi Heitkamp (D-ND), Joe Donnelly (D-IN) and Joe Manchin (D-WV) joined Senate Republicans in voting to proceed with the veto override. Senator Susan Collins (R-ME) was the only Republican to vote against.
The legislation at issue was written under the Congressional Review Act, which gives lawmakers the power to overturn regulations. But resolutions blocking federal rules are subject to a presidential veto and require a two-thirds majority for to be overridden.
The bipartisan group of 52 Senators argued that the Clean Water Rule can be interpreted to give the EPA power over nearly all land in the country, requiring federal permits under the act for any action that changes or harms the land, including digging ditches. Democrats say the rule is necessary to ensure that vulnerable waterways are protected from pollution.
The EPA has yet to enforce the water rule as a federal court has blocked its implementation while opponents, including farmers and developers, pursue a legal challenge.
