Copyright: Kevin Grant
On November 4, the Senate voted 53 to 44 in favor of S.J. 22, a joint resolution providing for congressional disapproval of the “Waters of the U.S.” rule submitted by the Environmental Protection Agency and Army Corps of Engineers. An identical resolution (H.J. Res. 59) was introduced in the House this summer and is expected to move to the floor in the next few weeks where it is expected to easily pass. The rule would impact the multifamily industry by significantly expanding the scope of lands that will be subject to federal permitting requirements under the Clean Water Act.
The Senate took up the Joint Resolution to disapprove the WOTUS rule after an effort to move the Federal Water Quality Protection Act (S. 1140) on November 3 failed to receive the necessary votes to achieve and end debate and bring the measure to a vote. This bipartisan bill provided a detailed blueprint for redrafting the flawed WOTUS rule.
NMHC/NAA strongly support all these measures and reached out to members last week asking them to contact their Senators to request support for the bill and joint resolution.
In the wake of their decision not to support the Federal Water Quality Protection Act, a group of 11 Democrat Senators sent a letter to the EPA and Army Corps. The Senators recognized in the letter the serious concerns that have been raised in relationship to the WOTUS rule and requested that the agencies provide implementation guidance. The Senators also observed that they may support future legislation to revise the rule if the agencies don’t provide clarity or preserve traditional exemptions under the Clean Water Act.
Importantly, a Federal Court has stayed the implementation of the flawed WOTUS rule across the nation. But the Obama Administration has indicated that it will veto any bill that prevents the rule, leaving it unlikely that Congress can override a veto.