Congressional Action: S.J. Res 22 was an NFIB Key Vote in both the Senate, and the House. The legislation would have provided relief for small businesses by nullifying this burdensome regulation that will greatly expand federal Clean Water Act (CWA) jurisdiction over small businesses and private land owners. S.J. Res 22 passed the Senate and the House of Representatives with bipartisan support, however the President has vetoed S.J. Res 22, and a veto override in the Senate failed to get the necessary 60 votes to end debate.
With the failed veto override, our next best chance to stop WOTUS is through the courts. NFIB has sued the Environmental Protection Agency and Army Corps of Engineers, challenging the legality of the controversial Waters of the U.S (WOTUS) Rule, which radically expands federal jurisdiction under the guise of the Clean Water Act of 1972. At the present, EPA and Army Corps are temporarily prohibited from enforcing the WOTUS Rule pursuant to a ruling from the Sixth Circuit Federal Court of Appeals. Given procedural issues, we do not expect a definitive decision on the legality of the Rule until spring of 2017 at the earliest.
Temporary Victory on WOTUS!
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