House Passes Resolution to Overturn Biden Administration’s Flawed WOTUS Rule

On Thursday, March 9th, the U.S. House of Representatives approved H.J. Res. 27 by a vote of 227 to 198.[0] This resolution seeks to overturn the Biden Administration’s flawed and burdensome “waters of the United States” (WOTUS) rule, which would have far-reaching impacts on small businesses, manufacturers, farmers, home and infrastructure builders, local communities, water districts, and private property owners.[1]

The resolution was introduced by Transportation and Infrastructure Committee Chairman Sam Graves (MO-06) and Water Resources and Environment Subcommittee Chairman David Rouzer (R-NC) with 170 cosponsors.[2] An identical resolution was introduced in the Senate by Senator Shelley Moore Capito (R-WV) and cosponsored by all 49 Senate Republicans.[0]

The vote was largely along party lines, with one Republican voting against and nine Democrats voting in favor.[3] A spokesperson for Sen. Joe Manchin (D-W.Va.) and Sen. Jon Tester (D-Mont.) told The Hill that both senators would ultimately vote with the Republicans to get rid of the Biden regulation.[4]

The Biden rule is much broader than the narrower regulations from the era of former President Trump, which were taken down in court.[4] It seeks to increase regulatory intrusion and federal control of waters that are clearly not navigable and may include intermittent streams.[5]

House Majority Leader Steve Scalise (R-La.) said in a statement, “With today’s committee action, the House has taken the first step necessary to rescind the Biden administration’s flawed WOTUS rule. This rule needs to be repealed so Americans across the country are protected from subjective regulatory overreach making it harder to farm, build, and generate economic prosperity.”[6]

Rep. Dan Newhouse (R-WA) said, “WOTUS is nothing more than a power grab which would impose tighter controls over waters the Clean Water Act never intended to regulate.[7] Rural communities in the West and across the country are dedicated to clean water and they are the ones being punished by the continued legal uncertainty this new final rule promulgates.[8] While I am disappointed in this administration’s dismissal of our rural communities, I will never stop fighting for them.[7]

0. “House Votes to Overturn Flawed, Overreaching Biden WOTUS Rule | Transportation and Infrastructure Committee” The House Committee on Transportation and Infrastructure, 9 Mar. 2023,

1. “House of Representatives passes resolution to overturn Biden WOTUS rule” kttn, 10 Mar. 2023,

2. “U.S. House committee advances resolution to block WOTUS rule” Texas Farm Bureau, 6 Mar. 2023,

3. “These 9 House Democrats voted to overturn a Biden administration water regulation” The Hill, 10 Mar. 2023,

4. “House votes to overturn Biden administration water regulation” NBC4 WCMH-TV, 9 Mar. 2023,

5. “AMAC Supports Resolution Invalidating Biden's Overreach on US Waters” AMAC, 8 Mar. 2023,

6. “House Votes to Repeal Biden Regulation of US Waters, Wetlands” The Epoch Times, 9 Mar. 2023,

7. “Newhouse Applauds House Passage of WOTUS CRA” Dan Newhouse, 9 Mar. 2023,

8. “House-Passed Water Rule Baits Biden's Veto With Absent Democrats” Bloomberg Law, 9 Mar. 2023,