Senate Votes To Repeal Water Rule That Just Went Into Effect

In a 53-43 vote last week, the U.S. Senate adopted a resolution that would overturn the Biden administration’s Waters of the United States (WOTUS) rule, which was finalized in December and went into effect last month. The U.S. House of Representatives already approved the resolution, but President Joe Biden is expected to veto the measure.

As MSCI members may recall, this rule will govern the country’s wetlands and waterways. Specifically, it defines which waters get federal protections that would require businesses to obtain a permit for activities like construction that could damage water quality — and which do not.

The final rule, which is now is in effect for most U.S. states, restored the standard that was in place prior to 2015 under the Clean Water Act (CWA) for traditional navigable waters, territorial seas, interstate waters, and upstream water resources that significantly affect those waters.

This issue is currently before the Supreme Court as well and the nation’s highest court is expected to issue a decision on the constitutionality of the measure within the next few weeks. Additionally, as Connecting the Dots reported last week, a lower court judge has halted the regulation from moving forward in two states.