The Senate could vote as early as this week to eliminate a key rule that governs which bodies of water are subject to federal regulation under the Clean Water Act, possibly forcing President Joe Biden to issue the second veto of his presidency.
Earlier this month, lawmakers in the House passed a disapproval resolution 227-198 under the Congressional Review Act to scrap the Biden administration’s Waters of the United States rule, which designates which waters require permits for activities like construction and mining. Sen. Shelley Moore Capito , who is championing the resolution in the upper chamber, argues the rule is burdensome to farmers and businesses and amounts to federal overreach.
Sen. Joe Manchin is expected to vote with Republicans to get rid of the regulation. It is still unclear how Sen. Jon Tester , another Democrat in a red state, could vote. Both are among the most vulnerable Democrats up for reelection in 2024. In response, Capito, ranking member of the Environment and Public Works Committee, said Congress should still act to strike down the rule despite the veto threat because, she said, “it’s the right thing to do.”
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