Biden takes another bipartisan blow as Senate rolls back on EPA authority

The Senate on Wednesday passed a measure to reject President Biden’s new rule expanding federal government jurisdiction over streams and wetlands, marking the president’s latest rebuke from Congress and setting the stage for his second veto.

The Democrat-led chamber approved a Congressional Review Act Resolution 53-43 submerging the so-called waters of the United States, a rule critics said the Environmental Protection Agency would use to claim authority over small bodies of water Streams, ravines and drainage ditches endangering farmland.

The resolution passed the Senate with four Democratic defectors lining up with the Republicans: Catherine Cortez Masto and Jacky Rosen of Nevada, Joe Manchin III of West Virginia, and Jon Tester of Montana.

Sen. Kyrsten Sinema of Arizona, an independent who works with Democrats, also voted with Republicans to reverse Mr. Biden’s ordinance.

Ms. Sinema, Mr. Tester, Mr. Manchin and Ms. Rosen are all up for re-election next year in contested seats.

Ms. Rosen said she and Ms. Masto broke ranks over concerns from Nevada farmers.

“Our farmers and ranchers contacted us about this and talked to us about it. We prefer the regional approach,” said Ms. Rosen. “With our dry and drought conditions, some of these things are just different for us.”

The resolution passed this month in the Republican-led House of Representatives with the support of nine Democrats.

The President is expected to veto the resolution, as he did with a separate Congressional Review Act resolution rejecting its rule allowing 401(k) managers to base investments on climate change and social security considerations equity known as ESG.

However, Congress would lack the votes to muster a veto-proof two-thirds majority to defeat Mr. Biden’s waterway rule.

Instead, opponents hope the Supreme Court will step in to end the feud. The Supreme Court is expected to rule on a related case this year, Sackett v. EPA asking judges to determine the proper test to determine whether wetlands and other bodies of water qualify as “United States waters” and are subject to EPA jurisdiction.

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