Bipartisan Majority of U.S. Senate Rejects Biden Administration Overreach on Waters of the US Rule

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The U.S. Senate passed a resolution under the Congressional Review Act rejecting the Biden Administration’s Waters of the United States (WOTUS) rule. The rule would give the EPA and U.S. Army Corps of Engineers (Corps) sweeping powers to regulate bodies of water inside the United States and would preempt the property rights of owners with regulated water on their land. The Senate joined the House of Representatives in rejecting the rule and it will now go to President Biden’s desk.

Deputy Director of CEI’s Center for Energy and Environment and senior fellow Daren Bakst said:

“Congress has now made it perfectly clear that the EPA and Corps should stop trying to regulate almost every drop of water, and even dry land. In a 53-43 vote, the Senate soundly rejected the Biden administration’s WOTUS rule. The rule allows the EPA and Corps to act like local zoning boards, trying to regulate almost every water imaginable.

“Unfortunately, President Biden will almost certainly veto this House and now Senate-passed resolution rejecting the WOTUS rule, defending an indefensible rule. The administration should instead sign the bill into law. And if it doesn’t, it should withdraw the rule and wait for the U.S. Supreme Court to publish its opinion in Sackett v. EPA, which is expected to clarify what waters can be regulated under the Clean Water Act. Then the administration should develop a rule that is consistent with the rule of law and reduces unpredictability for property owners.”

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