This past week, the Senate voted 53 to 43 to overturn the most recent WOTUS Rule issued by the EPA. In early March, the House voted to overturn the Rule by a margin of 227 to 198.

 The Rule reverted to a previous definition and effectively could have been beneficial to the agricultural community.  Currently, the Supreme Court is reviewing Sackett v EPA, a case that would have implications for the Rule. Federal District court opinions and public sentiment believe that the timing of the Rule was inappropriate. 

Although the White House has indicated that President Biden may exercise a veto that would require 290 votes in the House and 67 votes in the Senate to be overturned.

Following the decision of the U.S. District Court for the Southern District of Texas that ruled in favor of petitions submitted by the states of Texas and Idaho, the motion to intervene and grant a national injunction was denied.  At the present time, the WOTUS Rule is in effect throughout the United States with the exception of Texas and Idaho.