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Catch up fast: WOTUS vote

Nick Sobczyk
Mar 30, 2023
Cows cross stream in Texas

The Senate approved a resolution Wednesday nullifying the Biden administration’s Waters of the U.S. rule, sending it to the president’s desk for a likely veto.

Why it matters: It was a symbolic political victory for Republicans, who are hoping to get the regulation thrown out in court this summer.

Driving the news: Western Democrats Jon Tester, Catherine Cortez Masto and Jacky Rosen — as well as independent Kyrsten Sinema — joined Republicans in voting for the Congressional Review Act resolution.

  • Lead sponsor Shelley Moore Capito said the Democratic support was “a pretty good statement, especially if you look where they’re from — lots of wide open spaces.”

What they’re saying: “With our arid and our drought conditions, some of these things are just different for us,” Rosen told Axios.

  • Supporting the repeal is “what our farmers and ranchers reached out to us and spoke with us about.”

Context: The WOTUS rule determines which waterways are eligible for federal protections.

  • The Supreme Court will rule in a case that could nix parts of the Biden regulation this summer.
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