Senate Disapproves of EPA’s Clean Water Rule
Senate Passes Resolution Disapproving EPA’s proposed Clean Water Rule
On November 4, 2015, the U.S. Senate passed Senate Joint Resolution 22 disapproving of a federal regulation drafted jointly by the Environmental Protection Agency and U.S. Army Corps of Engineers.
Following the United States Supreme Court’s rulings in Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, 531 U.S. 159 (2001) and Rapanos v. United States, 547 U.S. 715 (2006), the EPA and Army Corps of Engineers drafted the Clean Water Rule to clarify which waters are subject to the Clean Water Act.
Proponents of the Clean Water Rule argue that the rule would further bolster the Clean Water Act’s success in protecting water quality. Opponents of the Clean Water Rule argue that it grossly expands the federal government’s ability to regulate water on private land – even those that are not considered “navigable waters,” (e.g., irrigation ditches on farms).
The U.S. Senate’s resolution is now before the House of Representatives for further consideration. Should the House approve the resolution the White House would likely veto it, as it has previously stated its opposition to the resolution and support of the Clean Water Rule.