Biden set up to use third veto after Senate deals environmental agenda a blow

With Republicans holding a slim majority in the House and a number of Democrats facing tough 2024 reelection fights, President Joe Biden is nearing yet another possible veto fight.

Congressional Republicans have been able to secure enough Democratic support to pass legislation on a number of fronts in recent months, including a measure ending the COVID-19 national emergency and rescinding a Washington, D.C., crime bill, though Biden declined to veto either. Biden has only issued two vetoes thus far in his presidency, both coming in recent months. The two share a common theme, as both bills he blocked would have hindered his administration’s environmental agenda.

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The Constitution requires a two-thirds majority in both chambers to overrule a presidential veto, which Congress lacked in both cases.

The Senate dealt Biden’s environmental regulatory agenda a blow on Wednesday when it passed two measures blocking the president’s tariff exemptions for solar panels produced with Chinese parts and endangered species protections for lesser prairie chickens. All eyes now turn to the White House to see if Biden will sign either into law.

These are the measures Biden has vetoed:

First veto

Biden issued his first veto in late March of this year when a bipartisan majority passed a resolution through both chambers undoing a Labor Department rule allowing retirement plan managers to consider environmental, social, and governance effects when making investment decisions.

Despite being a rule, the measure allows but does not require fiduciaries to weigh ESG factors when making investment decisions for retirement accounts. Still, anti-ESG sentiment has grown among lawmakers in energy-producing states over fear that the investment strategy could lead to fossil fuel companies being blacklisted.

Second veto

Biden issued his second veto in mid-April after Congress passed a measure revising his administration’s definition of the “Waters of the United States” under the Clean Water Act.

Opponents argued the measure, which aims to require permits for construction and mining in bodies of water in the country, was too difficult and would put landowners at risk of being subjected to penalties for performing routine activities if those acts are found to affect the waters.

Third possible veto

The Senate voted to undo Biden’s emergency declaration temporarily removing tariffs on solar energy imports from Southeast Asian countries, setting up what could be his third veto.

The bill, which passed the House on Friday, made it through the Senate with a 56-41 bipartisan majority. Using his executive trade law powers, Biden declared an emergency to exempt Asian solar cell and module products from new tariffs for two years while also invoking the Defense Production Act to increase domestic manufacturing of those products, which are central components in the construction of most solar panel designs. Opponents of the move, including Democrats, argued it would hinder American manufacturing.

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Biden will now be forced to decide whether to sign or veto the measure undoing the tariff exemptions. Should he decide to veto, it would be the third such act of his presidency.

Zachary Halaschak and Jeremy Beaman contributed to this report.