The Senate passed a resolution to disapprove the Waters of the United States rule set forth by the EPA. The House is expected to pass an identical resolution, which the president is expected to veto.

On November 3, the Senate voted on S. 1140, the Federal Water Quality Protection Act. The bill would require the EPA and Army Corps to withdraw the controversial "Waters of the U.S." rule and rewrite it.

The Senate fell just shy of the votes needed to invoke cloture and block a potential filibuster for the bill, receiving 57 of the 60 votes required. (Bills with 60 votes have invoked cloture and cannot be filibustered by the opposition; however, a bill that receives less than 60 votes can be filibustered, and effectively killed.)

Senator Joni Ernst (R-IA) then introduced a resolution to disapprove the WOTUS rule through the Congressional Review Act, also known as the Small Business Regulatory Enforcement Fairness Act of 1996. This act allows Congress to review new regulations issued by government agencies and disapprove a regulation by passage of a joint resolution. For the regulation to be invalidated, the resolution must either be signed by the president or receive a two-thirds majority vote.

The resolution passed the Senate with a vote of 53 to 44. The House needs to pass an identical resolution, which President Obama is expected to promptly veto.

As written by Tom Delaney, director of government affairs for the National Association of Landscape Professionals, "While the resolution will not become law, the legislative effort"?(R)?continues to build pressure on EPA. Last month, the 6th Circuit Court of Appeals issued a nationwide preliminary injunction preventing implementation of the WOTUS rule temporarily. We are hopeful that after the 6th Circuit hears oral arguments on the various legal matters in the case on December 9, the court will vacate the rule, requiring it to be rewritten."

Tom Woods, Chairman of the National Association of Home Builders (NAHB) and a home builder from Blue Springs, Mo., issued the following statement on the U.S. Senate's vote not to invoke cloture of S. 1140:

"We are disappointed with those senators who chose politics over sound public policy. Regardless, we will continue to fight to overturn this ill-defined and erroneous rule that infringes on states' rights and triggers costly and burdensome permitting and regulatory requirements. EPA and the Corps need to start over and work with affected stakeholders to get it right."