As he promised, President Joe Biden vetoed a joint resolution from Congress to overturn the administration’s “waters of the U.S.” rule, likely dooming the measure to failure.

Both the House and Senate passed the Congressional Review Act (CRA) joint resolution of disapproval – the House by a 227-198 vote and the Senate, 53-43; neither margin is near the two-thirds needed to override a veto.

Biden said the rule from the EPA and Army Corps of Engineers “carefully sets the bounds for which bodies of water are protected under the Clean Water Act. It provides clear rules of the road that will help advance infrastructure projects, economic investments, and agricultural activities — all while protecting water quality and public health.”

But Senate Environment and Public Works Committee ranking member Shelley Moore Capito, the West Virginia Republican who led the effort in the Senate, said Biden was “ignoring the will of a bipartisan majority in Congress, leaving millions of Americans in limbo, and crippling future energy and infrastructure projects with red tape.”

The Senate majority included five non-Republicans: Democrats Joe Manchin of West Virginia, Catherine Cortez Masto and Jacky Rosen of Nevada, and Jon Tester of Montana. Kyrsten Sinema, an Independent from Arizona who caucuses with the Democratic majority, also voted for the resolution. 

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In the House, nine Democrats crossed the aisle to back the resolution, including House Ag ranking member Rep. David Scott, D-Ga.                                                             

Capito called Biden’s use of his veto power “blatant executive overreach” and cited support for the measure from “those who work in agriculture, building, mining, and small businesses of all kinds across America.”

Biden said after the resolution passed the House that he planned to veto it.

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