The Senate could vote as early as today on a “legislative veto” of the Obama administration’s “waters of the United States” regulation after Democrats thwarted a bill calling for EPA to rewrite the rule. Farm groups have taken the lead in attacking WOTUS, which defines the upstream reach of the Clean Water Act, as a power grab wrapped in the guise of federal jurisdiction of navigable waters. With 60 votes needed, an attempt failed, 57-41, to bring the WOTUS bill to debate. Sponsored by Wyoming Republican John Barrasso, the bill would instruct EPA to start over on WOTUS and give it instructions on how to write the new version.
As their fallback, majority-party Republicans won agreement, 55-43, to debate a resolution sponsored by Joni Ernst of Iowa to kill WOTUS, assuming the House passes the same resolution and the White House accepts it. The White House threatened a veto of the Ernst resolution and the Barraso bill.
Iowa Sen Charles Grassley told reporters, “No, I don’t think so” when asked if Congress would override a veto. “So many of the 46 Democrats (in the Senate) want to protect the president” that they would block an override, he said.
“Both votes were largely symbolic, because of White House veto threats, but GOP Whip John Cornyn of Texas made clear that Republicans believed it would be politically painful for some Democrats,” said Agri-Pulse. The WOTUS rule took effect during the summer but was quickly put in abeyance due to court challenges. Agri-Pulse said, “Republicans are expected to try to use the fiscal 2016 omnibus spending bill to block the EPA and Army Corps of Engineers from enforcing the rule even if the courts allow it to move forward.”
The League of Conservation Voters said the Barrasso bill was “a polluter-backed assault” on protection of the sources of drinking water for one-third of Americans.