On a party line vote of 53-44, the Senate passed a resolution to ditch an EPA regulation that defines the upstream reach of the Clean Water Act. The resolution, the first step in a so-called legislative veto, now goes to the Republican-controlled House. To succeed, it must be passed by the House and signed by the White House, which threatened a veto.
The vote on the SJR 22 was little different from the 55-43 vote on Tuesday to open debate on the resolution, sponsored by Iowa Sen Joni Ernst. Only one Republican, Susan Collins of Maine, voted against the resolution and three Democrats – Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia – voted for it.
Attempts such as Ernst’s under the Congressional Review Act are rare and rarely succeed.
Ernst said the vote was “a major win for our hardworking farmers, ranchers, manufacturers and small businesses who are continuously ignored by the EPA. Passing this resolution is a major step forward to stop the EPA’s blatant power grab.”
At issue is the Waters of the United States regulation by EPA to define pollution law coverage of small streams, wetlands and ponds that drain into large waterways. Environmentalists say one-third of Americans get their drinking water from those sources. Farm groups and other opponents say the rule is so broad it could result in regulation of dry ditches in farm fields. “If enacted, S.J.Res. 22 would nullify years of work and deny businesses and communities the regulatory certainty needed to invest in projects that rely on clean water,” said the White House in its veto threat.
The WOTUS rule is under challenge in federal court. Congressional Republicans say they will try to overturn it through riders on government funding bills.