The House and Senate voted to rescind the Environmental Protection Agency’s (EPA) Waters of the U.S. (WOTUS) rule via the congressional review act process. President Joseph Biden (D) then vetoed Congress’s recission of the rule, meaning it will proceed as-is, unless Congress is able to garner enough votes in each chamber (2/3 majority) to override the veto. The rule does face a significant legal threat as the Supreme Court considers Sackett v. EPA, which focuses on the legality of the significant nexus test. The WOTUS rule uses the significant nexus standard and the ruling in that case will have direct implications for the WOTUS rule.
The EPA rule repealed the Navigable Waters Protection Rule (NWPR) and changed the definition of WOTUS in a way that will expand federal regulatory authority. Testifying before the House Transportation and Infrastructure Committee’s Subcommittee on Water Resources and Environment, National Association of Home Builders Chairman Alicia Huey said, “The new WOTUS rule is so extreme that the federal government will have the authority to regulate certain roadside ditches, isolated ponds and channels that may only flow after heavy rainfall.” For more, read NAHB’s coverage of this issue.
