The Senate Environment and Public Works Committee on Wednesday advanced the nominations of Joe Goffman to run the EPA's air office and David Uhlmann to head its enforcement division.
The pair had faced difficulty moving forward last year when the Senate and committee were evenly split. But Democrats’ slim new majority will allow the long-stalled nominees to advance.
Background: EPW last year deadlocked on Uhlmann in April and Goffman in November as committee Republicans maintained their lock-step opposition over complaints about President Joe Biden’s environmental agenda. Democrats could have advanced the two toward floor votes with a discharge petition, but that would have eaten up additional floor time.
Both men already work at EPA as political appointees. Goffman is effectively running the air office as the principal deputy assistant administrator while Uhlmann is a deputy assistant administrator in the Office of Enforcement and Compliance Assurance.
Goffman previously worked in EPA’s air office during the Obama administration, when he helped craft many of its climate and air pollution regulations, work that Republican senators have cited in opposing him. Uhlmann was a longtime prosecutor at the Justice Department, including seven years running the Environmental Crimes Section, and more recently was a professor at the University of Michigan law school.
Details: The committee approved Uhlmann by voice vote and Goffman by a party-line vote of 10-9.
Chair Tom Carper (D-Del.) praised both nominees. Goffman “has implemented the law in a way that provides cleaner air and safer climate for all while also giving industry predictability and certainty,” Carper said. And he called Uhlmann "a distinguished public servant" who is "exceptionally qualified" for the post.
Ranking member Shelley Moore Capito (R-W.Va.) criticized Goffman.
“I cannot support Mr. Goffman’s nomination because of the misguided policies he has developed and shepherded over years, both for the Obama administration and during the Biden administration,” Capito said.
She cited recent EPA power plant rulemakings such as a recent plan to curb smog-forming pollution, Reg. 2060-AV51, and another proposal strengthening mercury emissions limits, Reg. 2060-AV53. Capito also opened fire on EPA’s forthcoming carbon rule for power plants, Reg. 2060-AV09, which is still under review at the White House, calling it “punishing.”
“This onslaught of regulations on power plants has one clear goal: Drive a stake in the coal industry and squeeze natural gas use,” she said. “I oppose Mr. Goffman because of the policies he has developed and is developing at unjustifiable costs and ignoring legal limits.”
Capito said she dropped her prior opposition to Uhlmann after EPA became more responsive to her oversight requests, allowing him to advance on a voice vote.