Congress has the authority and responsibility to review onerous rules like this one handed down from the Executive Branch, and I hope our colleagues on both sides of the aisle will join in this effort to preserve regulatory clarity and prevent overzealous, unnecessary, and broadly defined federal power.
Work to overturn the Biden Administration's WOTUS rule in order to preserve regulatory clarity and prevent overzealous federal regulation of navigable waters.
Occurrences
Evidence
EPA and the Army Corps finalized the January 2023 WOTUS rule, effective March 20, 2023, defining waters protected under the Clean Water Act.
Congress.gov lists Rep. Sam Graves of Missouri as sponsor of H.J.Res.27, introduced February 2, 2023, with status "Failed to pass over veto."
The enrolled resolution disapproved the rule at 88 Fed. Reg. 3004 and stated that it would have no force or effect.
The House passed H.J.Res.27 by 227-198 on March 9, 2023; Graves (MO) voted Yea.
The Senate passed H.J.Res.27 by 53-43 on March 29, 2023.
Congress.gov records that President Biden vetoed H.J.Res.27 on April 6, 2023, and the House failed to pass it over veto on April 18, 2023.
The House veto-override vote on H.J.Res.27 failed 227-196; Graves (MO) voted Yea.
EPA says parts of the January 2023 rule are invalid under Sackett and that the amended 2023 rule operates in 24 states, D.C., and territories, while 26 states use the pre-2015 regime consistent with Sackett.
EPA says a proposed rule to revise the WOTUS definition was announced November 17, 2025, published November 20, 2025, and the comment period closed January 5, 2026.
Assessments
Graves personally sponsored H.J.Res.27 to nullify the Biden Administration's January 2023 WOTUS rule, and the resolution passed both chambers, but President Biden vetoed it and the House failed to override the veto, so his legislative overturn effort did not become law. Later Supreme Court-driven and agency actions narrowed or displaced portions of the 2023 rule, including amended implementation and a later proposed replacement rule, but the Biden WOTUS rule was not fully overturned through Graves's measure and the later replacement was only proposed, not finalized. This merits partial credit for aligned later-term narrowing plus an effort badge for a serious federal legislative attempt.