Support among Senate Democrats for the Environmental Protection Agency’s (EPA) proposed rule changing the definition of Waters of the United States (WOTUS) seems to be eroding as the agency moves closer to publishing a final rule.  The Senate Agriculture Committee held a hearing this week aimed at examining potential impacts of the rule on rural America, with particular interest on impacts to farming activities.  The harsh critiques from Committee Republicans were expected, however, it was the Democrats from farm-heavy states that surprised at the hearing. 

Senators Joe Donnelly (D-IN), Heidi Heitkamp (D-ND), and Amy Klobuchar (D-MN) expressed concerns with the proposed rule that had been raised by local interest groups throughout their home states.  Senator Klobuchar specifically mentioned the concerns of Minnesota’s rural communities as reason to consider slowing the finalization of a rule.  On Wednesday evening, their concerns were turned into outright support in opposition to the Administrations Clean Water rule.  The group of three Democrats was joined by Senator Claire McCaskill (D-MO) in voting in favor of a Budget Resolution amendment that would ban funds in fiscal year 2016 for the development or promulgation of a final rule.  The Senate now has a filibuster-proof 60 votes in support of legislation banning the EPA from moving forward with the rule.