On January 19, the President vetoed SJ Res 22, which would have overturned the Administration’s onerous “Waters of the US” (WOTUS) rule. SJ Res 22 was first passed by the Senate late last year and more recently by the House on January 13th, before it was presented to the President. Neither the House nor Senate are expected to garner enough support from Democrats to override the veto.
Opponents of the WOTUS rule, including the IME, contend that EPA vastly overstepped its jurisdiction under the Clean Water Act triggering additional burdensome permitting and regulatory requirements. Click here to read IME issue brief on the subject. Click here to read the President’s veto message.
Currently, approximately 30 states have filed various lawsuits challenging the Administration’s rule. The lawsuits argue that the Clean Water Act rule violates the U.S. Constitution, the Clean Water Act, the Administrative Procedure Act, and the National Environmental Policy Act. A Federal judge has halted the Administration from enforcing the rule until the lawsuits are settled. Ultimately, this issue is expected to be resolved by the U.S. Supreme Court.