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Jan 21, 2016
President Barack Obama made good on his threat to veto legislation passed by the House and the Senate that would block the administration’s controversial Clean Water Rule, previously known as the Waters of the United States (WOTUS) rule. Following the veto, Senate Republicans were unsuccessful in an effort earlier today to override the president on the issue, falling eight votes short of the 60 required for cloture. In that vote, Senators Joe Donnelly, Heidi Heitkamp and Joe Manchin broke with fellow Democrats and supported the effort, reflecting the longstanding opposition from each to the rule and what it means for their constituents.
While bringing the WOTUS issue to a legislative conclusion remains a significant long shot, resolution will likely come more quickly through the courts, where a nationwide stay issued by the U.S. Court of Appeals for the Sixth Circuit, until the court can adequately review the scope and reach of the rule. ASA maintains that, through the rule, EPA too broadly applies the significant nexus test—or the degree to which one body of water connects to a larger one.
