The Senate voted 57-41 Nov. 3, falling short of the necessary 60-vote threshold to advance legislation that would roll back the EPA and Army Corps of Engineers Waters of the US (WOTUS) rule.

The Senate was voting on to invoke cloture on legislation introduced by Sen. John Barrasso (R-WY), the Federal Water Quality Protection Act (S. 1140).

With the Barrasso legislation blocked, the Senate is likely to take up a Congressional Review Act (CRA) motion of disapproval of the WOTUS rule. The CRA motion does not require 60 votes to advance.

NASDA strongly supports the Barrasso legislation, which would Roll back the WOTUS rule direct EPA and the Corps to initiate robust, meaningful, and collaborative consultation with state agencies and impacted stakeholders on the appropriate scope of—and limits to—federal Clean Water Act jurisdiction.