The Senate failed to move forward with a veto override on the Waters of the U.S. disapproval resolution Thursday. Following the veto earlier this week, the Senate considered an override, but the motion failed a cloture vote 52-40 as the Senate needed 60 votes in favor to override the veto. The legislation at issue falls under the Congressional Review Act, which gives lawmakers the power to overturn regulations. However, resolutions blocking federal rules are subject to a presidential veto and require a two-thirds majority for an override.
Even if the Senate had achieved cloture on the resolution, final passage would have required a two-thirds majority in both chambers of Congress — a steep climb, according to The Hill. The fate of WOTUS currently lies solely with the Federal Courts, which many agriculture groups fear could be a lengthy and costly process.