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 March 30, 2023

Four Senate Democrats side with Republicans to vote against Joe Biden's Waters of the United States regulation

Four Senate Democrats sided with the GOP in a vote against President Joe Biden's Waters of the United States regulation, the Washington Examiner reported. Biden has promised to veto the measure, however.

The Democrats who crossed the aisle were Sens. Joe Manchin (D-WV), Jacky Rosen (D-NV) and Catherine Cortez Masto (D-NV), and Jon Tester (D-MT). They were joined by Kyrsten Sinema (I-AZ), who recently defected from the Democratic Party to become an independent.

"The Administration’s WOTUS rule is yet another example of dangerous federal overreach," Manchin said after the vote. "The proposed changes would inject further regulatory confusion, place unnecessary burdens on small businesses, manufacturers, farmers and local communities, and cause serious economic damage," he added.

"After listening to Montana farmers, ranchers, and other stakeholders, it’s clear this rule isn’t right for Montana," Tester explained of his vote. "The Biden administration needs to go back to the drawing board to deliver a rule that better supports Montana’s agriculture economy and protects our environment."

The additional support from Democrats resulted in a final 54-43 vote, with Sens. John Fetterman (D-PA) and Dianne Feinstein (D-CA) unable to cast a ballot. A similar vote in the House of Representatives drew nine Democrats to the resolution that passed 227-198 earlier this month.

The issue at hand involves the government's liberal interpretation of the Clean Water Act, Fox News reported. More than half of the states have challenged the rule in federal court already with Texas and Idaho winning an injunction against it.

During former President Barack Obama's administration, the federal government regulated lakes, ponds, streams, wetlands, and the ambiguously defined "relatively permanent waterways" under the auspices of the act. Former President Donald Trump relaxed those requirements.

Trump's administration confirmed that ditches and puddles didn't fall under federal regulation the way navigable waterways did. However, a federal court reimplemented stricter application in 2021, though not to the extent that Obama had.

Then, just before the Christmas break, the U.S. Army Corps of Engineers and Environmental Protection Agency approved an amendment to the WOTUS regulations that would once again grant tremendous power to the federal government. EPA Administrator Michael Regan said the regulation "safeguards our nation’s waters."

It was expected to go into effect this month, even amid the blowback. "I’ve said it before, and I’ll say it again, WOTUS is the most egregious federal overreach this nation has ever faced," Congressional Western Caucus Chairman Dan Newhouse said in January.

"Every farmer, rancher, or property owner who moves dirt will be harmed by this rule," the Washington Republican added. Newhouse had led the charge to appeal to Regan to roll back the rule under the Congressional Review Act.

Part of the reasoning that led him and almost 200 GOP consignors to action was the fact that ordinary Americans could find themselves on the wrong side of the law if they failed to follow the regulation to the letter. Advocates for the agriculture industry said this would make it "more difficult for farmers and ranchers to ensure food security."

Of course, Biden will veto the measure when it comes to his desk. He rationalized the expansion as a move that "reestablishes critical protections for the nation’s vital water resources."

There's no reason to object to clean water. However, the problem is that the federal government misuses the powers given under the broad umbrella to amass more power -- and that's precisely what lawmakers on both sides of the aisle are trying to prevent.

Written By:
Christine Favocci

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