In the ever-evolving world of what constitutes a “waters of the United States” (WOTUS) for purposes of Clean Water Act applicability and regulation, on March 29, 2023, the United States Senate passed Senator Shelley Moore Capito’s (R-W.Va.) Congressional Review Act (CRA) joint resolution of disapproval that overturns President Biden Administration’s January 18, 2023 WOTUS rule (Revised Definition of Waters of the United States, 88 Fed. Reg. 3004 – 3144 (Jan. 18, 2023)) by a bi-partisan vote of 53-43. More information can be accessed on Senator Capito’s webpage using the link below.

Senate Passes Capito Resolution Overturning Biden’s Waters of the U.S. Rule

On March 9, the United States House of Representatives passed a similar resolution to overturn the WOTUS rule by a vote of 227 to 198. On March 20, 2023, the Biden Administration’s WOTUS rule became effective in all States except for Texas and Idaho, due to the fact that on March 19, 2023, a United States District Court Judge for the Southern District of Texas issued a preliminary injunction blocking application of the Biden Administration’s WOTUS rule in Texas and Idaho only. Other requested injunctions are pending.

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