WASHINGTON – The House of Representatives was unable to override a recent veto by President Joe Biden regarding the new “Waters of the United States” (WOTUS) rules put in place by the US Environmental Protection Agency (EPA) and the Army Corps of Engineers.

The House needed a two-thirds majority to overturn the veto. The vote finished at 227-196 to override, with 10 Democrats in favor of the resolution.

The numbers were similar to when the House passed the original measure in March.

On March 29, the bipartisan bill passed with a vote of 53-43 led by Senator Shelley Moore Capito (R-WV) on repealing WOTUS. The House of Representatives also used the Congressional Review Act at the same time to try to block the recently enacted executive branch policies.

Early in January 2023, the Biden administration announced the final WOTUS rule, which it said restored essential water protection that was in place before the 2015 Clean Water Act (CWA).

Earlier this month, a federal judge granted a preliminary injunction for 24 states regarding the new WOTUS rules recently implemented.

A separate judge granted an injunction for Idaho and Texas on the WOTUS matter in late March. 

The US Supreme Court is expected to provide a ruling on the upcoming Sackett v. EPA, which could provide some clarity for the case.