EPA Nominee Regan Receives Bipartisan Support
Granholm Nomination Advances
North Carolina Environmental Secretary Michael Regan, President Biden’s nominee for EPA administrator, appears well on his way to confirmation.

North Carolina Environmental Secretary Michael Regan, President Biden’s nominee for EPA administrator, appeared well on his way to confirmation Wednesday after coasting through an easy Senate Environment and Public Works Committee hearing.

Sens. Richard Burr and Thom Tillis, both Republicans and fellow North Carolinians, set the tone for the hearing by introducing Regan, praising him for his work at the state’s Department of Environmental Quality. Both said he was a fair, transparent regulator who kept residents in mind when making decisions.

“Secretary Regan was able to find the right balance by reaching out to stakeholders and ensuring that the department’s relationship with rural communities, whose lifeblood is agriculture, was constructive and not adversarial,” Burr said. Agriculture associations that support Regan’s nomination “understand that they’re not always going to agree with decisions handed down by the EPA. But they know and trust that they’ll receive a fair hearing.”

“Michael distinguished himself as someone who listens and someone who tried to take in input from both sides and come up with a fair outcome,” Tillis added. “We have to understand that the election produced a different leader down in the White House, and we can’t imagine that as Republicans, the president is going to have the same priorities as ours. But what we can hope for are people in the administration who have a track record of listening.”

EPA Regan
North Carolina Environmental Secretary Michael Regan | PBS

Regan highlighted his previous work as an air quality specialist at EPA, from 1998 to 2008, before he became environmental secretary. When he assumed his current role, the state had elected Democrat Roy Cooper over incumbent Republican Gov. Pat McCrory.

“Throughout my career, I’ve learned that if you want to solve complex challenges, you must be able to see them from all sides, and you must be willing to put yourself in other people’s shoes,” Regan said in his opening statement. “I’ve also learned that we simply can’t regulate our way out of every problem we face. This approach has proven to be effective during my tenure as secretary of DEQ. …

“Our priorities for the environment are clear: We will restore the role of science and transparency at EPA,” he continued. “We will support the dedicated and talented career officials. We will move with a sense of urgency on climate change. We will stand up for environmental justice and equity. And we will do that in a collaborative manner.”

Republicans did not question his credentials, nor did they challenge him on any statements he made in the past, signaling he will not receive much opposition. They mostly complained about the president’s recent executive orders — particularly his ban on new oil and gas drilling leases on federal lands — as hurting jobs in their states. They also used their time to criticize Biden’s two “climate czars,” John Kerry and Gina McCarthy.

Much like Biden’s nominee to head the Energy Department, former Michigan Gov. Jennifer Granholm, did last week, Regan pledged that the administration would not leave any workers in the fossil fuel industries behind in the transition to a net-zero-emission economy. (See Granholm Attempts to Placate Coal State Senators.)

But he also did not get into specifics about Biden’s climate agenda. Sen. Shelley Moore Capito (R-W.Va.), asked him several times about the Clean Power Plan, the Obama administration’s regulation for meeting the emission-reduction targets under the Paris Agreement on climate change. Regan responded by saying he did not want to “look backward, but to look forward,” and that Biden would implement his own strategy for reducing emissions from power plants.

EPA Regan
Sens. Thom Tillis (left) and Richard Burr, both Republicans of North Carolina, delivered the customary introductory remarks at Regan’s confirmation hearing. | PBS

Later, when Capito asked him whether Section 111(d) of the Clean Air Act — the legal foundation for the CPP — allowed EPA to regulate emissions “outside the fence line,” Regan said he would have to consult with staff and study recent court rulings on the law. But he did say there was “opportunity for a clean slate” after the rejection of the Trump’s administration Affordable Clean Energy Rule. (See DC Circuit Rejects Trump ACE Rule.)

Republicans were also concerned that Regan would be influenced or even overruled by Kerry and McCarthy. Regan asserted that he would answer only to the president and that he alone would be responsible for what EPA does.

When Capito asked him what he would do if he had a disagreement with the czars, Regan responded, “With any complex issue, we anticipate healthy debates. And I believe the reality is we serve different positions within the administration. So I have no reason to believe that the positions of the EPA and the positions of the White House will not get equal [consideration], and hopefully we will have robust discussions in a manner that will yield the best results for the president to achieve his ambitious climate goals.”

Granholm Approved for Senate Floor Vote

Earlier Wednesday, the Senate Energy and Natural Resources Committee voted 13-4 to advance Granholm for a floor vote.

Despite praising her for her confirmation hearing performance last week, Barrasso and Sen. Mike Lee (R-Utah) joined fellow Republicans Bill Cassidy (La.) and Cindy Hyde-Smith (Miss.) in voting against Granholm. Both cited Biden’s recent spate of climate-related executive orders, including his ban on new oil and gas drilling leases on federal lands.

“Gov. Granholm stated multiple times that she didn’t want to see anyone lose their job or get left behind,” Barrasso said. “But this is precisely what the Biden administration is doing. … The president will throw thousands of Americans out of work. Their livelihoods are being sacrificed in the name of the Biden agenda.”

“She’s capable; she’s confident; she’s sincere,” Lee said. “I wish I could vote for her. I would like to be able to vote for her. I so strongly disagree with this administration’s energy policies and what it’s done already through executive order … which in my state are already having dire economic consequences.”

Musical (Committee) Chairs

Before the vote on Granholm, Sen. Lisa Murkowski (R-Alaska) joked that it was fitting that it was the day after Groundhog Day, as she had said that last week’s hearing would be her last as chair of the committee, and yet she was still in the position.

That was because Senate leaders had not agreed to an organizing resolution between the parties. Democrats have a narrow majority, with Vice President Kamala Harris holding the tie-breaking vote. The stalemate left committee positions in a state of flux, with each committee conducting business its own way. Though Murkowski opened and closed Wednesday’s meeting, she deferred to the incoming chair, Joe Manchin (D-W.Va.), to conduct it. Later, outgoing EPW Committee Chair Barrasso left it to Capito to chair the Regan hearing, though Sen. Tom Carper (D-Del.) will ultimately be the chair.

Before the Regan hearing, news broke that Majority Leader Chuck Schumer (N.Y.) and Minority Leader Mitch McConnell (Ky.) had come to an agreement. The details of the deal were not made public as of press time, but it appears McConnell withdrew his objections once Manchin and Sen. Kyrsten Sinema (D-Ariz.) pledged they would oppose any efforts to end the filibuster, denying Schumer the votes needed to change the rules. The Senate passed the organizing resolution by unanimous consent shortly after the hearing.

How soon Regan and Granholm will be confirmed is unclear. The Senate will need to halt all other business Feb. 9 when it begins the second impeachment trial of former President Donald Trump.

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