The US House of Representatives on April 18 failed to overturn President Biden’s April 6 veto of H.J. Res. 27, a congressional resolution that would have overturned his administration’snew“Waters of the United States” (WOTUS) rule.
Tuesday’s override vote was 227-196, far short of the two-thirds majority needed to overturn a presidential veto. The vote was similar to the House vote in February to approve the resolution (GM March 3, p. 26), with 10 Democrats and all but one Republican voting in favor of the override.
As a result, the new WOTUS rule remains in effect in 24 states after taking effect on March 20. The rule is barred from enforcement in the other 26 states following a federal court order in March blocking the rule in Texas and Idaho, and a temporary injunction issued on April 12 (GM April 14, p. 1) by a federal judge in North Dakota to block enforcement in an additional 24 states.
On the House floor Tuesday, Republicans once again criticized the Biden administration for supporting a rule that many industry trade groups and farm associations strongly oppose. In January a coalition of 17 trade groups filed a lawsuit against the US EPA and the Army Corps of Engineers challenging the rule (GM Jan. 27, p. 1), followed in February by a similar lawsuit lodged by the attorneys general from 23 states (GM Feb. 24, p. 1).
Responding to Biden’s veto message that the rule would provide more certainty to advance infrastructure projects and farming, House Transportation and Infrastructure Chairman Sam Graves (R-Mo.) said this is not the case.
“Instead, this costly, overreaching rule favors radical environmentalists at the expense of infrastructure, agriculture, and economic growth and those who depend on these activities,” Graves said.
A two-thirds majority supporting the veto override would also have been required in the US Senate, which approved a similar resolution to overturn the WOTUS rule on March 29 by a vote of 53-43 (GM March 31, p. 1). Following the House’s failed attempt to override the veto, however, the Senate will not take up the measure.