House Republicans passed a measure Thursday to cancel a key Biden administration rule that defines what water bodies are subject to federal regulation under the Clean Water Act.
The resolution of disapproval would nullify 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 House voted 227-198 to undo the rule.
Waters of the United States, or WOTUS, has been subject to significant regulatory changes over the last three administrations. Rewrites by both the Obama and Trump administrations failed to survive court challenges.
Republicans prefer the Trump-era rule, which constrained the scope of waters subject to special permitting by the Environmental Protection Agency and Army Corps of Engineers. Democrats opposed the rule as lowering environmental standards and enabling more pollution.
The GOP's case rests largely on how businesses and farmers could be affected by the Biden rule, which covers more waters than the Trump rule. The House Small Business Committee held a hearing Wednesday, where witnesses said farming and homebuilding would become more difficult.
Chairman Roger Williams (R-TX) said the Biden rule would make the business environment more uncertain for entrepreneurs and small businesses.
“Biden’s EPA has disregarded the voice of Main Street America by indiscriminately certifying the WOTUS rule would not affect small entities through unnecessary and burdensome regulations," he said.
Rep. Melanie Stansbury (D-NM) was among the Democrats who opposed the resolution on Thursday, bringing up the recent train derailment in East Palestine, Ohio, to stress the importance of protecting the environment from pollution.
"Here we are weeks later being forced to take a vote on a bill that would gut a fundamental rule," Stansbury said.
Senate Republicans seek to advance a resolution of disapproval of their own led by Sen. Shelley Moore Capito (R-WV), ranking member of the Environment and Public Works Committee.
The Senate must also pass the resolution and
Biden sign it for the rule to be repealed, an unlikely outcome.