Whitehouse Leads Opposition to Fotouhi Confirmation

"The corruption in this Administration is endless, and the service of David Fotouhi in the cause of the polluters who fund Trump and the Republican Party is, in my view, disqualifying," said the Ranking Member

Washington, D.C.-U.S. Senator Sheldon Whitehouse (D-RI), Ranking Member of the Senate Committee on Environment and Public Works Committee (EPW), spoke on the Senate floor to urge his colleagues to vote against David Fotouhi for Deputy Administrator of the Environmental Protection Agency (EPA). The Trump Administration has rewarded big polluters while jeopardizing the health and safety of communities, raising costs for American families, crippling America's clean energy future, and exacerbating the climate crisis. For his part, Fotouhi built his career helping polluters destroy our environment and has now been nominated to help lead the agency charged with protecting our clean air and water.

"At its most basic, the mission of the EPA is to protect clean air, clean water and a safe climate. But in his two jobs since law school-as a corporate lawyer and as acting General Counsel of the EPA during the first Trump administration-Mr. Fotouhi has served the interests of polluting industries that do everything in their power to avoid, weaken, or kill the rules protecting our clean air, clean water, and safe climate," said Ranking Member Whitehouse.

As the costs and systemic risks from climate change keep mounting, the American people need leadership at the EPA that will stand against the Big Oil political juggernaut and follow the law in the face of Trump's power grabs.

"[T]here is the coming onslaught of deregulatory actions, which will make cars dirtier and less fuel efficient, so Trump's donors in the oil industry can sell more gasoline; which will let power plants and oil and gas facilities spew more carbon dioxide and methane without limits, again so Trump's fossil fuel political donors can sell more oil and gas …. The corruption in this administration is endless, and the service of David Fotouhi in the cause of the polluters who fund Trump and the Republican Party is, in my view, disqualifying," concluded the Ranking Member.

***WATCH: Ranking Member Whitehouse leads congressional opposition against David Fotouhi for Deputy EPA Administrator***

Fotouhi was confirmed by a vote of 53-41.

Ranking Member Whitehouse's full remarks, as prepared for delivery:

I rise today in opposition to the nomination of David Fotouhi to serve as the Deputy Administrator of the Environmental Protection Agency.

At its most basic, the mission of the EPA is to protect clean air, clean water and a safe climate. But in his two jobs since law school-as a corporate lawyer and as acting General Counsel of the EPA during the first Trump administration-Mr. Fotouhi has served the interests of polluting industries that do everything in their power to avoid, weaken, or kill the rules protecting our clean air, clean water, and safe climate.

As partner at a prominent law firm, Mr. Fotouhi defended a raft of big polluting interests including mega-polluters Chevron and Sunoco. That's just the tip of the iceberg. Other polluter clients included Aethon Energy, Cibolo Energy Partners LLC, Energy Transfer Partners LP, Matador Resources Company, and ProFrac Holdings.

What has he helped them do? He defended one company for dumping tens of thousands of tons of PFAS into drinking water. He defended tire manufacturers for poisoning salmon with their rubber additives. He defended an automobile company against claims of greenwashing concerning their so-called "clean diesel" cars. He defended another for failing to obtain proper permits, resulting in illegal emissions of sulfur dioxide. And he represented a major defense contractor seeking to shift responsibility onto the United States for environmental remediation necessitated by the company's release of hazardous waste. The list goes on.

As counsel and then acting General Counsel at EPA during the first Trump administration, Mr. Fotouhi worked hard to repeal environmental regulations meant to protect human health and the environment by doing two primary things. First, he developed the legal justifications for the rollbacks. And second, when they were challenged in court, he orchestrated the administration's strategy to defend against those legal challenges.

Which regulations? A lot of them. Rules covering CO2 emissions standards for light duty vehicles, greenhouse gas emissions from aircraft, methane emissions from the oil and gas industry, lead and copper in drinking water, state water quality certification processes, and the management of coal combustion residuals. In other words, lots and lots of rules, meant to make our air, water and climate cleaner and safer, became the targets of this individual.

Now, Mr. Fotouhi is nominated to be second in command as the agency implements the poisonous agenda of President Trump's fossil fuel donors. Chief on those polluting donors' wish-list is the rescission of EPA's "Endangerment Finding"-a 2009 science-based determination that greenhouse gases are harmful to human health and the environment. Yes, 2009. When that rule was adopted, it had been settled scientific fact for decades that greenhouse gases harm public health and the environment; now, 16 years later, the evidence has only gotten stronger, and the looming economic dangers have only gotten more evident. The only people who benefit from repealing the endangerment finding are the planet's biggest polluters. Who happen to be among Trump and the Republican Party's biggest donors.

Mr. Fotouhi has served those polluters' interests for years. Clearly, like everyone, they have a right to counsel, but it remains difficult for me to understand how someone who has made a career representing the very industries that destroy our environment has any business now being entrusted to protect it. He will obviously serve their interests, not the public - always has, always will.

Even before Mr. Fotouhi, the corruption of EPA by Trump's polluting fossil fuel donors is already under way. Where even to begin? Administrator Zeldin continues his assault on clean air and clean water, and what he now contemptuously calls the climate "religion," despite his repeated - and obviously empty - promises in committee.

The list of congressionally authorized and appropriated funding that EPA continues illegally to hold hostage is too long to list here today. Obviously, the biggest target is the Greenhouse Gas Reduction Fund, which drives Administrator Zeldin and his enablers at DOJ to conduct that merits legal and professional liability - including repeated misconduct by the unconfirmably corrupt Ed Martin.

Beyond illegally blocking grants, this EPA has put the Office of Research and Development (ORD)-responsible for conducting EPA's scientific research-on the chopping block, with RIFs and reorganizations imminent. Because who wants science, when big polluting donors' interests are involved.

Then there is the coming onslaught of deregulatory actions, which will make cars dirtier and less fuel efficient, so Trump's donors in the oil industry can sell more gasoline; which will let power plants and oil and gas facilities spew more carbon dioxide and methane without limits, again so Trump's fossil fuel political donors can sell more oil and gas. EPA is even attempting to shut down the program that keeps track of how much carbon pollution industrial facilities emit. Hear no evil, see no evil is Administrator Zeldin's motto.

The corruption in this administration is endless, and the service of David Fotouhi in the cause of the polluters who fund Trump and the Republican Party is, in my view, disqualifying.

I will vote no on his nomination, and I urge my colleagues to do the same.