The House this week voted 227-196 to override a veto from President Biden on the Waters of the U.S. (WOTUS) rule, paving the way for the rule to move forward.

The Biden administration in January 2023 finalized the WOTUS rule, which granted EPA authority to consider vast amounts of “wetlands,” from ditches to puddles to lakes, under its jurisdiction and thus giving the agency the ability to block development on it.

The House and Senate last month voted to block the rule, with three Senate Democrats, one Senate Independent, and nine House Democrats joining all Republicans. President Biden on April 6 vetoed the resolution from Congress.

The House vote this week needed a two-thirds majority to override the veto, which it failed to achieve despite 10 House Democrats joining Republicans in their disapproval of the rule.

The rule formally took effect on March 20, however, a federal judge in late March granted an injunction for Texas and Idaho in a suit challenging the rule.

The U.S. District Court for the Southern District of Texas granted the preliminary injunction only to the states of Texas and Idaho, but denied a motion to intervene and a motion for a national injunction. The Environmental Protection Agency (EPA) was the defendant in the case.

Another federal court, the U.S. District Court for the District of North Dakota, in April issued an injunction for 24 other states challenging the rule.

States in that lawsuit include Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.

Thus, the WOTUS rule is in effect nationally except for the 24 states listed above in addition to Texas and Idaho, for the time being.

The Supreme Court is also expected to consider Sackett v. EPA, which challenges the rule as well. That ruling could have national implications for the rule.