House Votes to Overturn Biden’s Flawed WOTUS Rule

Today, the U.S. House of Representatives voted 227 to 198 in favor of H.J. Res. 27, a resolution to overturn the Biden Administration’s flawed, burdensome “waters of the United States” (WOTUS) rule.[0] If the Biden rule is passed, it would result in significant alterations to the federal government’s power to manage what is viewed as a navigable water, with great repercussions for small companies, producers, farmers, home and infrastructure constructors, local communities, water districts, and private landholders.[1]

The resolution of disapproval was introduced by Committee Chairman Rep. Sam Graves (R-Mo.) and Rep. David Rouzer (R-N.C.), and was cosponsored by 170 Members of Congress.[2] An identical resolution was introduced in the Senate by Senator Shelley Moore Capito (R-WV) and was cosponsored by all 49 Senate Republicans, and approved by the Transportation and Infrastructure Committee on February 28th.[3]

The voting results were mainly separated by political affiliations, with a few divergences.[4] The measure was opposed by one Republican, Rep. Brian Fitzpatrick (Pa.), and supported by nine Democrats, namely Reps. Sanford Bishop (Ga.), Jim Costa (Calif.), Angie Craig (Minn.), Henry Cuellar (Texas), Don Davis (N.C.), Jared Golden (Maine), Vicente Gonzalez (Texas), Jimmy Panetta (Calif.) and David Scott (Ga.).[4]

The Biden administration has a wider perspective than the previous one concerning which waters are protected.[4] The regulations from the Trump era were also not enforced, following their removal by a court. Prior to the Biden regulations, these narrower regulations had not been in effect.[5]

The Biden Administration's action to expand the definition of WOTUS in its Navigable Waters Protection Rule (NWPR) is evidently designed to enhance regulatory interference and federal oversight of waters that are not navigable and even intermittent streams.[6]

The Hill reported earlier this week that a spokesperson for Sen. Joe Manchin (D-W.Va.) stated that the senator would join with Republicans to eliminate the Biden regulation.[5] Sen. Jon Tester (D-Mont.), a member of the swing vote, stated to The Hill on Wednesday that he had yet to make up his mind[4] A simple majority is required for the resolution to pass.[4]

The White House declared that should the measure reach Biden, it would be vetoed.[7]

0. “House votes to block Biden WOTUS rule” Agri-Pulse, 9 Mar. 2023,

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

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

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

4. “These 9 House Democrats voted to overturn a Biden administration water regulation” msnNOW, 10 Mar. 2023,

5. “House votes to overturn Biden administration water regulation” The Hill, 9 Mar. 2023,

6. “McMorris Rodgers Helps Block Biden's Burdensome Regulations on Farmers” Cathy McMorris Rodgers, 9 Mar. 2023,

7. “House Republicans Push Back on Disastrous Biden WOTUS Rule” Americans for Tax Reform, 8 Mar. 2023,