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Congress Approves WOTUS Repeal, Veto Likely

The Senate recently followed action by the House of Representatives, approving a resolution to repeal the new Waters of the U.S. rule. Courtney Briggs, American Farm Bureau Federation Senior Government Affairs Director, says the action highlights how burdensome the new rule is for farmers and ranchers.

“Last week, the Senate voted to also repeal the WOTUS rule using the Congressional Review Act. And they did that with 54 senators voting in support of that, with five Democrats coming across the aisle to support this resolution. And this really goes to show how troubling this rule is, that a majority of Congress wants to see it repealed.”

The resolution now heads to President Biden’s desk, where Briggs says it faces a likely veto.

“President Biden has already stated that he intends to veto this resolution, and unfortunately, it sounds like he is not going to follow the will of Congress to repeal this rule. It was a commitment that he made during his campaign, and we think that he does not intend to change course there.”

With the veto, the rule will remain in 48 states, pending other litigation and a Supreme Court decision.

“In two states the rule has been halted by a district court in Texas. We will be keeping an eye on another case in North Dakota that encompasses 24 states, and we will also be closely looking at the Supreme Court as they will release a decision in the Sackett vs. EPA case, sometime in the next few weeks.”


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