Biden Vetoes Joint Resolution Against His Water Rule

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Goes to mat again for environmental agenda

President Joe Biden has vetoed a joint resolution from the House and Senate that would have repealed his Waters of the United States (WOTUS) rule, delivering what could be a fatal blow to that specific challenge to his environmental agenda.

The expected veto was issued on the afternoon of April 6.

“I just vetoed a bill that attempted to block our Administration from protecting our nation’s waterways—a resource millions of Americans depend on—from destruction and pollution,” the president wrote on Twitter.

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“Incorrect. President Biden’s overreaching WOTUS rule jeopardizes the livelihoods of American farmers and small businesses,” House Speaker Kevin McCarthy (R-Calif.) wrote in response to Biden’s Twitter post.

The joint resolution of disapproval passed the Republican-led House with a vote of 227–198 on March 9.

It then passed the Democrat-led Senate on March 30 with a vote of 53–43.

Notably, it drew support from non-Republicans in rural states, where Biden’s WOTUS definition is seen as a major issue for landowners and which contain many of the United States’ greatest natural wonders and protected lands.

Those outliers included Democratic Sens. Joe Manchin (D-W.V.), Jacky Rosen (D-Nev.), Jon Tester (D-Mont.), and Catherine Cortez Masto (D-N.M.), along with Kyrsten Sinema (I-Ariz.).

Sens. Dianne Feinstein (D-Calif.), John Fetterman (D-Penn.), Chris Coons (D-Del.), and Mitch McConnell (R-Ky.) didn’t vote.

Both the House and the Senate would need a two-thirds vote to overcome Biden’s veto—an improbable outcome, given the current partisan configuration of Congress.

It’s just the second veto of Biden’s presidency, and it comes months into a divided Congress in which the Republican-led House has set its sights on regulations promulgated by the Biden administration.

Biden’s first veto also related to his environmental agenda, targeting an anti-ESG investment measure.

“There is extensive evidence showing that environmental, social, and governance factors can have a material impact on markets, industries, and businesses,” the White House stated about that veto.

“The fact that Biden’s first veto is about promoting ESG reveals the problem: this isn’t the invisible hand of the ‘free market,’” Vivek Ramaswamy, a prominent anti-ESG investor and Republican presidential candidate, wrote on Twitter. “It’s the invisible fist of government.”

By Nathan Worcester

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