2023: Fitzpatrick Voted Against Overriding President Biden's Veto Of A
Resolution Disapproving An Army Corp Of Engineers And EPA Rule That
Expanded Federal Jurisdiction Over Bodies Of Water Under The Clean Water
Act. In April 2023, according to Congressional Quarterly, Fitzpatrick
voted against overriding President Biden's veto on a resolution that
would "provide for congressional disapproval of the January 2023 Army
Corps of Engineers and EPA rule expanding federal jurisdiction over
bodies of water under the Clean Water Act. The joint resolution would
effectively restore jurisdiction that was in place prior to a 2015 Obama
administration rule. Under the measure, the January rule, which took
effect on March 20, 2023, would have no force or effect." The vote was
on a veto override. The House failed to acquire a 2/3 majority vote and
rejected to override by a vote of 227 to 198, thus the resolution was
sent to the Senate. The Senate passed the resolution and sent it to
President Biden. President Biden vetoed the resolution. [House Vote
187, 4/18/23;
Congressional Quarterly,
4/18/23; Congressional Actions,
H.J.Res.
27]
Republicans Claimed The Rule Was Federal Overreach And It Burdened
The Agricultural Industry By Imposing A Restrictive Definition Of
Navigable Waterways. According to CNN, "Republicans have called
the rule federal overreach and argue it places a burden on the
agriculture community by being too restrictive in defining what is a
navigable waterway." [CNN,
4/18/23]
Democrats Argued That The Rule Was Important To Protect Waterways
And Clean Water. According to CNN, "Democrats counter, saying the
rule is critical for protecting the nation's waterways and
safeguarding clean water." [CNN,
4/18/23]
President Biden Argued The Rule Sought To Protect Waterways From
Destruction And Pollution. According to CNN, "Biden vetoed the
GOP-led resolution earlier this month. 'I just vetoed a bill that
attempted to block our Administration from protecting our nation's
waterways -- a resource millions of Americans depend on -- from
destruction and pollution,' the president said at the time. 'Let me
be clear: Every American has a right to clean water. This veto
protects that right.'" [CNN,
4/18/23]
Waters Subject To The Rule Require Permits If They Were To Be Used
For Activities That Could Damage Water Quality, Such Agricultural,
Energy And Construction Activities. According to The Hill, "Waters
that are subject to federal protections, as designated under the
rule, require permits if they are to be sites for activities that
can damage water quality, including activities that are important
for several industries such as agriculture, energy and
construction." [The Hill,
4/18/23]
2023: Fitzpatrick Voted Against Disapproving An Army Corp Of Engineers
And EPA Rule That Expanded Federal Jurisdiction Over Bodies Of Water
Under The Clean Water Act. In March 2023, according to Congressional
Quarterly, Fitzpatrick voted against a resolution that would "provide
for congressional disapproval of the January 2023 Army Corps of
Engineers and EPA rule expanding federal jurisdiction over bodies of
water under the Clean Water Act. It would effectively restore
jurisdiction that was in place prior to a 2015 Obama administration
rule. Under the measure, the January rule would have no force or effect,
instead of taking effect on March 20, 2023." The vote was on passage.
The House passed the resolution by a vote of 227 to 198, thus the
resolution was sent to the Senate. The Senate passed the resolution and
sent it to President Biden. President Biden vetoed the resolution.
[House Vote 142, 3/9/23;
Congressional Quarterly,
3/9/23; Congressional Actions,
H.J.Res.
27]
The Resolution Would Disapprove Of A Biden Administration Rule
That Revised The Definition Governing Bodies Of Water. According
to Congressional Quarterly, "The House, by a vote of 227-198, passed
a resolution disapproving of the Biden administration's rule
revising the definition governing which bodies of water are subject
to federal regulation. The Congressional Review Act resolution (HJ
Res. 27) would vacate the rule finalized late last year that updated
the definition for 'waters of the U.S.' that are subject to Clean
Water Act regulations for the third time in as many administrations.
It received 218 votes from Republicans and 9 from Democrats."
[Congressional Quarterly,
3/9/23]
Republicans Criticized The Biden Administration For Finalizing The
Rule Before A Supreme Court Ruling That Could Ultimately Narrow
Which Tests The EPA Can Use When Definition The Waters Of The U.S.
According to Congressional Quarterly, "Republicans also criticized
the administration for finalizing the rule before the Supreme Court
decided the case of Sackett v. EPA, which may ultimately narrow
which tests the agency can use when crafting a WOTUS definition."
[Congressional Quarterly,
3/9/23]
Republicans Claimed The Definition Failed To Distinguish Which
Streams And Wetlands Would Be Classified As U.S. Waters And Placed
Burdens On Communities, Farmers, And Businesses By Requiring A
Permit. According to Congressional Quarterly, "Republican members
said the finalized definition fails to make clear which streams and
wetlands will be classified as WOTUS, which Subcommittee Chairman
David Rouzer, R-N.C., said 'places unnecessary burdens on
communities, farmers, businesses and industries' that would either
need to receive a permit or face potential fines." [Congressional
Quarterly, 2/8/23]
The Biden Administration Cited The "Significant Nexus" Standard
Placed By Justice Anthony Kennedy In A 2006 Supreme Court Ruling,
But Industry Representatives Claimed The Significant Nexus Standard
Failed To Provide Certainty Whether They Must Obtain A Federal
Permit. According to Congressional Quarterly, "The Biden
administration cited the 'significant nexus' standard put forward by
Justice Anthony Kennedy in the 2006 decision in the case of
Rapanos v. United States, a 4-1-4 ruling that provided two different
standards for how to determine which waterways qualify as a WOTUS.
At the hearing, industry representatives said a 'significant nexus'
standard fails to provide them with any certainty as to whether they
must go through the federal permitting process. Garrett Hawkins,
president of the Missouri Farm Bureau, said under the definition it
is 'impossible for any farmer to know if a feature on their property
is a WOTUS.'" [Congressional Quarterly,
2/8/23]
2018: Fitzpatrick Voted Against Repealing The Waters Of The U.S.
Rule. In May 2018, Fitzpatrick voted against an amendment that would
have, according to Congressional Quarterly, "repeal[ed] the EPA's rule
regarding the definition of the 'Waters of the United States' under the
Clean Water Act." The underlying bill was the 2018 House GOP farm bill.
The House adopted the amendment by a vote of 238 to 173. The House later
rejected the overall farm bill, but on a revote, passed the bill. A
modified version of the bill later became law. [House Vote 203,
5/18/18; Congressional
Quarterly, 5/18/18; Congressional
Actions, H. Amdt.
633;
Congressional Actions, H.R.
2]