Close but no cigar: WOTUS veto override fails in the house

The House of Representatives failed to reach the 2/3 majority necessary to overturn President Biden’s veto of H.J.Res.27, a joint resolution that would nullify the rule titled “Revised Definition of ‘Waters of the United States.’”  

The WOTUS rule is currently legally enforceable in 24 states, with the rest of the country currently exempt from the rule. The exemption is the result of a decision handed down from North Dakota District Court Judge Daniel Hovland, who granted the petition for preliminary injunction, prohibiting the enforcement, implementation or application of the rule.  

“Despite the fact that we were not surprised that the veto override effort failed, we are confident that the saga of federal Clean Water Act jurisdiction is far from over,” says Nathan Bowen, Irrigation Association advocacy and public affairs vice president. “There are pending lawsuits in many jurisdictions that continue to work their way through the federal court system, and the imminent Supreme Court decision in Sackett v. EPA. Those all have the potential to dramatically impact federal water jurisdiction and irrigators around the country.” 

Transportation and Infrastructure Committee Chairman Sam Graves, R-Missouri, says he was disappointed in the outcome of the veto override vote that took place April 18. 

“Despite today’s vote, stopping this overreaching, burdensome WOTUS power grab has the support of bipartisan majorities in both Houses of Congress, and a majority of states have fought to stop its implementation,” says Graves. “This issue matters to everyday Americans all over the country, and I am disappointed to see the President choose radical environmental activists over America’s families, small businesses, farmers, builders and property owners.” 

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