In symbolic vote, House passes resolution to repeal WOTUS

Image of shutterstock_232480576v2.png

On Jan. 13, the U.S. House of Representatives easily passed a resolution of disapproval (Senate Joint Resolution 22) that would repeal the revised “Waters of the U.S.” (WOTUS) rule by a vote of 253–166. The same resolution was passed by the Senate in November by a vote of 53–44.

S.J.Res.22 uses the Congressional Review Act (CRA) to kill the WOTUS rule and prohibits EPA and the Army Corps of Engineers from using any “substantially similar” provisions in future WOTUS rule-makings.  The CRA is a rare procedural move that allows Congress to overturn any “major” federal rule through a resolution of disapproval and requires a presidential signature for enactment. The CRA has only been used once successfully — in 2001 to overturn a Department of Labor ergonomics rule.  NACo has no official position on S.J.Res.22.

The bill will now be sent to the White House for review. But the Administration has already indicated it would veto S.J.Res.22, and at this point, neither chamber can override the expected veto. That returns the game to the courts over the next several months. Court decisions questioning the WOTUS rule may give momentum to movement on Capitol Hill.

In December 2015, the 6th U.S. Circuit Court of Appeals heard oral arguments on whether it has the authority to hear the case—its decision is expected within several months. In the meantime, the court temporarily halted implementation of the Waters of the U.S. rule nationally until its jurisdiction could be determined.

In a separate development, the U.S. Judicial Panel on Multidistrict Litigation denied the Department of Justice’s request to consolidate other WOTUS lawsuits filed separately in district court against EPA and the Corps.

These developments only increase the complexity because it remains unclear whether challenges to the rule will ultimately be heard in circuit or district courts. This will likely lengthen the timeframe of the rule’s judicial proceedings and highlights the need for a legislative fix.

Twelve House Democrats and 241 Republicans voted in support of S.J.Res.22. Only one Republican and 165 Democrats voted against.

Attachments

Related News

bike
Advocacy

MAHA Commission releases federal strategy outlining next steps in childhood chronic disease prevention

On September 9, the U.S. Department of Health and Human Services (HHS) released the Make America Healthy Again (MAHA) Commission’s new Make Our Children Healthy Again Strategy, following the earlier MAHA Report published in May 2025. The strategy builds on the assessment’s findings regarding four key drivers of childhood chronic disease: poor diet, chemical exposure, lack of physical activity and chronic stress and overmedicalization.

Erie County, N.Y. Parks, Recreation and Forestry staff will train new recruits to use equipment necessary to maintain the parks. Photo courtesy of Erie County Parks, Recreation & Forestry
County News

Paid training program helps staff a county park system

Modeled on the Civilian Conservation Corps, Erie County, N.Y.'s training and internship program aims to help fill vacant staff positions while offering the necessary training.

Roane County, Tenn. Mayor Wade Creswell describes his county's infrastructure support for nuclear workforce development. Photo by Charlie Ban
County News

Eastern Tennessee counties collaborate on nuclear energy ambitions

Decades after the Manhattan Project, cooperation among Roane, Anderson and Knox counties in Tennessee drives toward a high profile for nuclear power.