The record still stands: in two decades, Congress has nullified only one federal regulation. The House gave final congressional approval to a resolution of disapproval a week ago to the “waters of the United States” (WOTUS) regulation issued by the EPA. And on Tuesday, President Obama vetoed the resolution. “We must protect the waters that are vital for the health of our communities and the success of our business, agriculture, and energy development,” said Obama in a message to the Senate, which originated the resolution. “Pollution from upstream sources ends up in our rivers, lakes, reservoirs and coastal waters where most Americans live and on which they depend for their drinking water, recreation, and economic development.”
The administration says WOTUS clarifies the upstream reach of clean water laws and does not expand EPA jurisdiction. The American Farm Bureau Federation led rural opposition to the rule. It says WOTUS could lead to EPA oversight of dry ditches in farm fields or seasonal ponds. The Republican majority in Congress has tried other methods to derail WOTUS, such as denying funds to the EPA to administer the rule. WOTUS is under challenge in U.S. appellate court and has been suspended while the court case is resolved.