On March 29th, the Senate passed a Resolution blocking the recently released Waters of the United States (WOTUS) Rule by a vote of 53 to 43. This action followed the House of Representatives using the Congressional Review Act to block the Rule issued jointly by the EPA and the U. S. Army Corps. of Engineers.
The White House maintains that the 2023 revision of WOTUS clearly establishes bodies of water that are protected under the Clean Water Act and provides rules that will enable projects to proceed while protecting public health.
Senator Shelley Moore Capito (R-WV) stated, “By vetoing this Congressional Review Act Resolution of disapproval, the President is ignoring the will of a bipartisan majority in Congress leaving millions of Americans in limbo and crippling future energy and infrastructure projects with red tape.”
A federal judge recently halted applications of the WOTUS Rule in Idaho and Texas on the grounds that SCOTUS has yet to rule on Sackett v. EPA.