By Julie Tomascik
Publications Editor
President Obama delivered an expected blow to agriculture late Tuesday night when he vetoed a congressional resolution meant to block the Waters of the U.S. (WOTUS) rule redefining the jurisdiction of the federal Clean Water Act.
“Because this resolution seeks to block the progress represented by this rule and deny businesses and communities the regulatory certainty and clarity needed to invest in projects that rely on clean water, I cannot support it,” Obama said in his veto message.
The presidential veto now leaves the fate of the rule to the federal courts.
The rule, which took effect last August, is currently under a federal court injunction blocking its implementation. The American Farm Bureau Federation, Texas Farm Bureau (TFB), Matagorda County Farm Bureau and 11 other agricultural and industry groups asked a federal court to vacate the controversial new rule. Numerous states, including Texas, have filed suits to block the rule from taking effect.
TFB and other agricultural groups have argued that the rule gives the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers broad control over land use and farming practices.
The Senate voted 54-44 to block the WOTUS rule in November, and the House voted 253-166 last week to adopt the Senate resolution. The resolution—SJ Res. 22—was drafted under the Congressional Review Act, which allows Congress to reject major new regulations. But neither of the votes was large enough to overcome a presidential veto.