5 Takeaways From Lee Zeldin’s EPA Confirmation Hearing

Zeldin said climate change is a reality and spoke about armed EPA agents, plastic pollution, and the need to balance environmental protection with the economy.

WASHINGTON—Lee Zeldin, President-elect Donald Trump’s pick to lead the Environmental Protection Agency, testified on Jan. 16 before senators on the Committee on Environment and Public Works.

Although lawmakers challenged the former New York congressman on some financial controversies, the first round of questioning on Jan. 16 was relatively friendly. Lawmakers on both sides of the aisle noted that Zeldin had met with them ahead of the hearing.

The 2022 New York gubernatorial candidate answered queries about climate change, plastic pollution, armed EPA agents, and more. Here are some highlights.

1. Bipartisanship and Balance

In his opening remarks, the former congressman spoke about the need to advance environmental goals without compromising the United States’ prosperity.

“We must do everything in our power to harness the greatness of American innovation with the greatness of American conservation and environmental stewardship. We must ensure we are protecting the environment while also protecting our economy,” Zeldin said.

He also spoke about the need to work across the aisle. His appeal echoed that of the man who introduced him, Sen. John Barrasso (R-Wyo.), whose remarks included a quote from President John F. Kennedy, a Democrat.

“The American people need leaders who can find common ground to solve the urgent issues we face,” Zeldin said, describing his cross-partisan work on protecting the Long Island Sound while in the House.

He also noted his service on the bipartisan Climate Solutions Caucus.

2. Armed EPA Agents

One exchange with Sen. Dan Sullivan (R-Alaska) concerned the EPA’s law enforcement activities in Sullivan’s home state—tactics that Sullivan said ran contrary to the spirit of cooperative federalism.

During the Obama administration, the EPA met with criticism for a 2013 raid on a gold mine in Chicken, Alaska. The raid was executed by armed agents. The enforcers were seeking violations of the Clean Water Act and found none. Miners at the time characterized the agents as intimidating. Sullivan also questioned recent enforcement activities involving auto repair shops in the state.

“My state believes in the Second Amendment; most of my state is armed. This is very dangerous because some of these agents could get shot when they’re coming in,” Sullivan said, adding that the EPA could have engaged cooperatively before arriving.

“Do you believe the EPA should even have armed agents?” he asked, suggesting that local law enforcement could pick up the slack.

“It is outrageous,” Zeldin said of the Alaska raid.

He voiced support for greater cooperation without dismissing the idea of having armed agents.

“If something requires an enforcement action on a prosecutorial front that is working with the Department of Justice, Congress has enacted laws where enforcement is part of the effort on the compliance front,” he said.

“There are people and entities owning property where there is mitigation that needs to happen, and where they want to work with the government to mitigate that situation on their property. We should be working with them to make that happen.”

3. Fossil Fuel Views

Sen. Ed Markey (D-Mass.) questioned the EPA nominee regarding his perspective on fossil fuels.

He cited a 2016 statement from the then-congressman, made while debating Anna Throne-Holst, the Democrat who was running for his seat. At the time, Zeldin said that the key to better environmental management was “to reduce our reliance on fossil fuels, to become more environmentally friendly and pursue clean and green energy.”

“Do you still believe, Mr. Zeldin, that it’s our job to reduce our reliance on fossil fuels?” Markey asked.

Zeldin began to say he supported an all-of-the-above energy strategy, before Markey interrupted and reiterated the question.

“Considering all factors, in an ideal world, we would be able to pursue always the cleanest, greenest energy sources possible,” Zeldin said.

Markey interpreted Zeldin’s response as a change in his approach to energy.

“I’m not hearing you say that you agree with Lee Zeldin in 2016, so that means that we’re in a completely different context then for your nomination hearing,”

4. Microplastics and Plastic Pollution

The nominee also spoke about plastic pollution. He described the Save Our Seas Act of 2018, legislation aimed at marine debris that saw Whitehouse collaborate with Sullivan, as a bipartisan success.

Sen. Jeff Merkley (D-Ore.) brought up studies and news articles regarding the human health risks of microplastics and nanoplastics, including their impact on human fertility.

Zeldin said he could tell that microplastics are obviously “an issue of great interest and passion” for the lawmaker.

“I would look forward to an opportunity to be able to read what you’re referencing specifically, just so that I can become intimately familiar with any detail that you’re citing that I have not read before,” he said.

Merkley questioned the chemical industry’s advocacy of plastic recycling, saying its applications were small in scope.

Zeldin said he was familiar with that industry’s public relations push.

“I am researching and reading all that’s being provided on all sides of this issue,” he said before discussing his own work on waterway cleanup in the House.

5. Climate Change

“I believe that climate change is real, as I told you,” Zeldin told Sen. Bernie Sanders (I-Vt.).

Zeldin said Trump’s past characterizations of the phenomenon as a “hoax” were, in reality, criticisms of policies enacted in response to climate change.

“I respectfully disagree,” Sanders said in response.

The senator followed up by asking whether climate change amounted to an existential threat—“meaning that there must be an urgency to get our act together to address it.”

“We must with urgency be addressing these issues,” Zeldin responded. He said he was prepared to apply pressure to other countries on environmental policy.

In response to earlier questioning from Ranking Member Sheldon Whitehouse (D-R.I.), the nominee acknowledged a link between carbon dioxide emissions and ocean acidification and described rising sea levels as a problem.

“That’s what the scientists tell me,” Zeldin said when asked if greenhouse gas emissions were warming the oceans.

He told Whitehouse that the issue of large-scale carbon dioxide emissions “certainly needs to be focused on for the EPA,” saying that carbon dioxide and methane emissions trap heat.

He said the EPA has treated carbon dioxide like a pollutant, in line with the 2007 Massachusetts v. EPA Supreme Court decision, while noting that it was not among the six air pollutants found in the Clean Air Act.

 

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