Senator John McCain made a dramatic return to the floor of the
United States Senate this week following his brain cancer
diagnosis. With the scar and stiches from his recent surgery still
healing, McCain took to the floor to implore his colleagues to
consider using the Senate's long-standing procedures to find a
solution to the legislative body's quagmire over healthcare. In
parliamentary parlance, he pleaded for "a return to regular
order."
He received genuine and heartfelt applause, but not a return to
regular order.
The departure from legislative norms permeates all aspects of
our current political landscape; environmental law is no exception.
As we've noted, in the midst of its consideration of various
agency appropriations bills, the House is considering a rider that
would exempt the proposed repeal of the 2015 Waters of the United
States (WOTUS) final rule from review under the Administrative
Procedure Act. As of this writing, that rider remains in
