The U.S. Senate recently passed a disapproval resolution to overturn a recent Waters of the U.S. (WOTUS) rule that expands the definition of the bodies of water that are subject to protections of the Clean Water Act and return to a narrower definition, which would have been helpful for townships. The U.S. House of Representatives passed its own disapproval resolution in March. However, President Joe Biden vetoed the resolution last week. Neither chamber has the two-thirds votes necessary to override a veto.
Federal litigation challenging the rule is pending in the courts, including Sackett v. EPA, which is before the U.S. Supreme Court.