Input Stories

The House of Representatives voted to overturn the Biden administration’s rule governing the “waters of the United States”—a too-restrictive standard for waterways that the NAM has long opposed.

What’s happening: “House Republicans used the Congressional Review Act, which allows Congress to block recently enacted executive-branch regulations,” reports The Hill.

• “The measure now heads to the Senate, where Republicans hope to attract Democratic senators wary of Biden’s environmental policies.”
• “Sen. Joe Manchin, D-W.Va., a frequent Biden antagonist, has already pledged to support the overturn of a rule he calls federal overreach.”

Biden’s move: The president has said he will veto any such bill that makes it to his desk.

The history: The Biden rule replaced regulations from the previous administration that the NAM supported.

• In fact, the NAM has been a vocal opponent of restrictive regulations in this sphere for almost a decade, both on Capitol Hill and in the courts.
• Its legal battle against the 2015 version of the rule included a unanimous victory at the U.S. Supreme Court on a key procedural issue.

Keep an eye on SCOTUS: The Supreme Court is expected to decide a case this year that will determine the scope of the Clean Water Act and the regulations that fall under it.

• That case, Sackett v. EPA, was brought by “an Idaho couple who have been blocked for more than 15 years from building a home near a lake after the EPA determined that part of the property was a wetlands that could not be disturbed without a permit,” according to The Hill.

The last word:  “Manufacturers and regulated communities depend on a transparent, predictable WOTUS rule so they can best protect the environment and create and sustain well-paying job opportunities in their communities,” said NAM Director of Energy and Resources Policy Chris Morris.

• “Continuous changes to WOTUS definitions and regulations only create uncertainty, thereby jeopardizing jobs and potential investment.”
• “The NAM applauds the House’s bipartisan support and passage of H.J. Res. 27 and calls on the Senate to consider and pass this measure in quick succession.”