The resolution passed the Senate in November. The measure now will be sent to President Obama, who has promised to veto any legislation that seeks to dismantle the regulation. Once the bill reaches the White House, the president will have 10 days to take action. If he vetoes it as expected, the legislation will then go back to the Senate for an attempted override vote. Congressional timing for that override vote is unknown at this time.
Significant action occurred this week on the WOTUS Rule:
· On January 19, President Obama vetoed the Congressional Review Act (CRA) Resolution of Disapproval, passed by Congress on January 15, aimed at killing the Administration's contentious water rule.
· On January 21, the Senate attempted to override that veto but was unsuccessful. A supermajority of votes (67 in the Senate) is required to overturn a Presidential veto. The vote fell short, with only three Democrats voting to overturn the veto.
· There will be other opportunities in this Congressional session to stop the rule, including amending current bills as they come to the floor and adding a rider to FY2017 Appropriations legislation.
· The judicial nationwide stay of the rule is still in effect, but is temporary. Legal challenges are still to be heard.
· NAR will continue to work in Coalition with other regulated stakeholders to stop this rule.