Building  Owners  and  Managers  Association  International

Building Owners and Managers Association International

Waters of the U.S. Rule Faces Senate Challenge (11/5/2015)

On Tuesday, the United States Senate voted on a bill, S. 1140, to block the Environmental Protection Agency’s (EPA) Clean Water Rule, which was released this spring. However, the measure did not gain the 60 votes needed to overcome a filibuster. Challenges to the Obama administration’s attempt to clarify what constitutes “Waters of the United States” (WOTUS), a term outlined in the Clean Water Act of 1972, are prevalent. Earlier this year, the House passed legislation that would block the Clean Water Rule and the U.S. Court of Appeals for the Sixth Circuit granted a stay of the rule.

The real estate industry is most concerned about the lack of clarity in defining whether municipal separate segregated sewer systems (MS4s) are regulated as a WOTUS. The Obama administration has promised to veto any bill that blocks the Clean Water Rule.​