On Tuesday, the House passed H.R. 1732, a bill which would require EPA and the Army Corps of Engineers to withdraw the existing Waters of the United States (WOTUS) regulatory proposal within 30 days and set up a consultation process with state and local stakeholders.
The measure passed by a vote of 261-155, which roughly mirrors the outcome on a similar measure voted on by the House last year which was approved 262-152. Only twenty-four Democrats voted for the bill, while no Republicans voted against the legislation. As expected, the White House issued a veto threat of the legislation.
During debate on the bill, the House considered two Democratic amendments. The first was from Rep. Donna Edwards of Maryland, which would have blocked implementation of the rule if it overstepped boundaries that the Administration has said it will not cross, such as increasing regulation of ditches. The Edwards amendment was voted down, 167-248, with Republicans arguing that it would have gutted the underlying legislation.
The second amendment, which was offered by Rep. Dan Kildee of Michigan, was approved by voice vote. The Kildee amendment creates a window of time after a rule is finalized during which states that administer key Clean Water Act programs can bring their programs into compliance with the new standards.
The fight over the WOTUS rule now moves to the Senate. Recently, Senators John Barrasso (R-WY) and Joe Donnelly (D-IN) introduced legislation (S. 1140) which would set a series of criteria that any new rule pertaining to the Clean Water Act would have to meet, with the effect of sending the Obama administration back to the drawing board with its current regulation. The Senate Environment and Public Works Committee will be holding a hearing on this legislation next week.