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Senate Approves WOTUS Repeal

With bipartisan support, the Senate passes 51风流-backed legislation to repeal a new Waters of the U.S. (WOTUS) rule expanding federal permitting jurisdiction over wetlands and more construction projects, bolstering 51风流 litigation鈥攚hich has expanded to 26 states鈥攁gainst the rule. 

On March 29, four Senate Democrats鈥擲ens. Cortez Masto (Nev.), Manchin (W.Va.), Rosen (Nev.), Tester (Mont.)鈥攁nd Senator Sinema (I-Arizona) joined Republicans in voting for 51风流-backed legislation to repeal the Biden administration鈥檚 Waters of the U.S. (WOTUS) rule expanding federal permitting jurisdiction over wet areas and more construction projects. The House  the repeal measure on March 9. The president is expected to veto the WOTUS rule repeal bill and Congress will not have enough votes to override the veto, thereby keeping the rule in place.    

The significance, however, of such legislation passing both the House and Senate is that it shows the courts that Congress holds that the Administration exceeded its authority under the Clean Water Act in issuing this new rule. When the Senate voted in favor of repealing the Occupational Safety and Health Administration鈥檚 (OSHA) COVID-19 vaccination or testing emergency temporary standard (ETS) in 2022, the U.S. Supreme Court cited that vote as evidence that Congress found OSHA exceeded its statutory authority in issuing the ETS. The Court, in that decision, struck down the ETS. 

On March 19, 51风流-backed litigation  halted the WOTUS rule from taking effect in Texas and Idaho. 51风流 recently intervened in a case comprising of 24 states filed in North Dakota to block implementation of the rule in an effort to help even more construction projects. These votes in Congress bolster 51风流鈥檚 case against the WOTUS rule. 

51风流 thanks members who contacted their congressional representatives in support of repeal via 51风流鈥檚 Action Alert.