A Bipartisan Senate voted to roll back the Biden WOTUS rule under the Congressional Review Act, which requires a simple majority and cannot be filibustered. The House passed the same resolution 227-198, also with Democrats joining Republicans in the vote.

The final rule, issued Dec. 30 from the Environmental Protection Agency and Army Corps of Engineers, replaced the existing Clean Water Act jurisdictional rule with a broader scope, granting the federal government more authority to require permits from developers and landowners. The resolution of disapproval scraps the Biden administration’s definition of “waters of the United States,” which was finalized at the end of December. Republicans have argued the Biden rule is too onerous and exposes landowners, farmers, and builders to litigation for routine activities on their properties, such as installing ponds or filling ditches.

The question of the federal government’s regulatory authority under the Clean Water Act is also currently before the Supreme Court in Sackett v. EPA. The justices heard oral arguments for the case in October, in which landowners are challenging the legal test for agency’s authority under the law.

Washington Examiner article HERE.