
The Senate approved a bill Wednesday to block the Obama administration’s new regulation setting federal authority over small waterways.
The Congressional Review Act (CRA) resolution against the Environmental Protection Agency’s (EPA) water rule passed on a 53-44 vote. Three Democrats joined every Republican except Sen. Susan CollinsSusan Margaret CollinsTrump looms over Senate's anti-Asian hate crimes battle Moderates' 0B infrastructure bill is a tough sell with Democrats OVERNIGHT ENERGY: Senate confirms Mallory to lead White House environment council | US emissions dropped 1.7 percent in 2019 | Interior further delays Trump rule that would make drillers pay less to feds MORE (R-Maine) in advancing the bill.
The resolution would prevent the implementation of the water rule, but it’s ultimately unlikely to take effect, given opposition from President Obama and the GOP’s inability to secure a veto-proof majority.
“My legislation is the necessary next step in pushing back against this blatant power grab by the EPA,” Sen. Joni Ernst (R-Iowa), the resolution’s sponsor, said in a floor speech Wednesday.
“We will send this to the president, where he will be forced to decide between the livelihood of our rural communities nationwide and his unchecked federal agency.”
Republicans have long opposed the EPA’s water rule, which asserts federal regulatory authority over small bodies of water such as wetlands and some ponds.
Its opponents argue the rule gives the federal government too much power. Democrats from rural states have also joined the effort, warning the rule will have a negative affect on agriculture and energy development.

CRA resolutions don’t require a 60-vote threshold to overcome a filibuster, giving Republicans an opportunity to pass a bill undoing the rule over the objection of Democrats.
“Most Democrats chose an ideological power grab over sensible clean water rules yesterday," Senate Majority Leader Mitch McConnell

“This regulation feels a lot like the latest in a sustained Obama administration regulatory assault on their families. Well, the Senate is going to pursue another avenue today to protect the middle class from this unfair regulatory attack.”
The White House defended the rule, issuing a veto threat against the resolution on Tuesday, saying it would “nullify years of work and deny businesses and communities the regulatory certainty needed to invest in projects that rely on clean water.”
“The agencies' rulemaking, grounded in science and the law, is essential to ensure clean water for future generations, and is responsive to calls for rulemaking from the Congress, industry, and community stakeholders as well as decisions of the U.S. Supreme Court,” officials wrote in a Statement of Administration Policy.
Republicans said the stay order drives home their concerns over the rule.
“We’ve got a rule that two courts have already said is illegal. It will be overturned,” Sen. James Inhofe

“We don’t have to stand for this. We don’t have to endure years of confusion before the courts act.”
Jordain Carney contributed.