House fails to overturn Biden’s veto of GOP bid to undo administration water rule

The House failed on Tuesday to overturn President Biden’s veto of a Republican effort to nullify his administration’s water pollution rule. 

The House voted 227-196 to overturn the veto, but it fell short of the two-thirds majority needed to succeed. Members of both parties crossed the aisle on the vote with Rep. Brian Fitzpatrick (R-Pa.) against the override effort while 10 Democrats voted for it. 

However, the rule, which delineates which waters are subject to federal protections, is still not in effect for a significant portion of the country. The vote comes after a pair of court decisions temporarily blocked its implementation in 26 states as court challenges on the issue play out.

The Democrats who voted to override Biden’s veto are Reps. Sanford Bishop Jr. (Ga.), Jim Costa (Calif.), Angie Craig (Minn.), Henry Cuellar (Texas), Don Davis (N.C.), Jared Golden (Maine), Vicente Gonzalez (Texas), Susie Lee (Nevada), Jimmy Panetta (Calif.) and David Scott (Ga.).

Lee’s office told The Hill after the vote that the congresswoman’s vote was a technical error and that she meant to vote against the veto override.

The other lawmakers who broke from their parties also did so during the initial vote on the water pollution rule.

Earlier this month, Biden vetoed the congressional effort to undo the rule, saying it “provides clear rules of the road” and that without it, there would be greater uncertainty. 

It was the second veto of his presidency, with the president also nixing a prior legislative attempt to undo an administration rule related to environmental, social and governance investing. The House failed to override that veto as well.

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 issue of which waters are protected has ping-ponged back and forth both between recent presidential administrations and in the courts, with prior Obama and Trump rules running into legal hurdles. 

The Biden administration definition, which an official billed as a “middle-of-the-road rule,” was put forward in December.

Updated: 7:08 p.m. ET