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Senate vote may send WOTUS rule to Supreme Court

 

 

By STAN MADDUX

Indiana Correspondent

 

WASHINGTON, D.C. — The U.S. Senate has taken action to try to kill the controversial Waters of the U.S. rule, which could ultimately be decided by the highest court in the nation.

By a 53-44 vote, the Senate adopted a resolution of disapproval that calls for the end of WOTUS.

The resolution sponsored by Joni Ernst (R-Iowa) now moves to the U.S House of Representatives for consideration.

"It’s a good sign that we have good bipartisan support in the Senate to push back against the administration," said Colin Woodall, vice president of government relations for the National Cattlemen’s Beef Assoc.

President Obama has promised to veto the measure, and the Senate doesn’t have enough vote right now to override a veto.

"We’ll have to try and find some other actions to kill the Waters of the U.S. rule, but this was still a step in the right direction to show the overall support we have among members of the Senate," Woodall said.

Passage of the resolution came just a day after the Senate failed to acquire enough votes to have a full debate on a measure that calls for WOTUS – viewed by opponents as infringing too heavily on the rights of landowners – to be rescinded and redrafted. "I am disappointed that a majority of Senate Democrats voted to further cede authority from Congress to unelected federal bureaucrats at the EPA," said Sen. Dan Coats (R-Indiana), who was pleased, though, about the passage of the resolution.

In May, the U.S House voted overwhelmingly to block WOTUS, but since it didn’t take effect until Aug. 28, the vote did nothing except send a strong message of opposition.

It also fell short of the two-thirds majority needed to override an expected presidential veto.

After WOTUS was implemented, an appellate court decided that EPA imposing the rule may have overstepped its authority, and that ruling resulted in a suspension of the rule in all 50 states until there’s a final decision over its legality.

Sen. Joe Donnelly (D-Indiana) was one of just four Democrats in favor of the measure calling for WOTUS to be withdrawn and redrafted in legislation he helped author.

Donnelly said it was best for all stakeholders to come up with a compromise on WOTUS instead of letting the issue be settled by the U.S. Supreme Court where it seems to be heading.

Among the arguments by opponents is that input was not adequately sought or considered from agriculture and others with an interest in the drafting of the new restrictions contained within the rule prior to its adoption.

Another major complaint is that WOTUS does not clearly outline what property owners can or cannot do on their land, creating fear of being unduly fined. Opponents say it also goes too far by restricting activity near isolated farm ponds, drainage ditches and other non-navigable waters, according to opponents. Donnelly said the rule should apply only to lakes, rivers and other connected bodies of water. "If we are going to assure our clean water protections are effective we need to work together and use the feedback from the folks who work on the land every single day," said Donnelly, who added a compromise rule actually would work in the favor of WOTUS supporters.

He said the appellate court decision substantiates claims by the U.S Army Corp. of Engineers that WOTUS as currently written likely will not survive a legal challenge. "The ruling is in line with the concerns we’ve raised all along," said Donnelly.

Among the other opponents of the rule is the National Cattlemen’s Beef Assoc.

"The WOTUS rule is the most burdensome and far reaching piece of regulation we have ever seen, touching almost every producer and leaving a path of regulatory uncertainty," said Philip Ellis, president of the NCBA and a Wyoming cattleman.

11/11/2015