House Clears Bill Blocking EPA’s Water Rule

A measure overturning the “waters of the United States” rule is on its way to the president’s desk.

January 14, 2016

WASHINGTON – Yesterday, the House of Representatives passed a bill to stop the Environmental Protection Agency’s (EPA) final water rule by 253 to 166, with twelve Democrats supporting the measure. Last November, the Senate passed the resolution, which nullifies EPA’s controversial “waters of the United States” rule.

The water rule vastly expands and redefines which bodies of water are protected under the Clean Water Act, and thereby subject to heightened permit requirements and other regulations. President Obama has threatened to veto the bill. In order to override a presidential veto, the House and Senate must pass the bill with a two-thirds vote, which they do not appear to have.

The controversial water rule has faced other challenges since it went into effect. In August, the U.S. District Court for North Dakota temporarily blocked the EPA rule for 13 states, and in October, the 6th Circuit Court of Appeals in Cincinnati issued an order halting the rule while the court considers which courts have jurisdiction to hear the case.

The Government Accountability Office recently released a report that the EPA violated the law when it used social media to bolster its “waters of the United States rule.” Under the Antideficiency Act, federal agencies are barred from congressional and grassroots lobbying. The EPA disputed the report.

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