[Congressional Record Volume 156, Number 58 (Thursday, April 22, 2010)]
[Senate]
[Pages S2542-S2544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                               Earth Day

  Mrs. BOXER. I just want to say to my friend, I thank him for bringing 
the issue of the promotion of an Army Corps general to the floor today. 
I support his remarks. I support moving forward on that promotion.
  Madam President, April 22 is Earth Day. It has been 40 years since 
then-Senator Gaylord Nelson first advocated setting aside a national 
day to focus on our environment. We have learned a lot in those 40 
years. What we have learned is, it is very rewarding to protect and 
defend our environment. What we have learned is, when we do that, and 
we do it in the right way, we create millions of jobs and an economy 
that is very prosperous.
  One very clear example of that is, take my California coastline. It 
is an economic driver. It is beautiful. It is an economic driver 
because people want to see it in all of its beauty. They want to enjoy 
its beauty. They spend a lot of dollars on tourism to come and visit my 
coast. They go to the restaurants. They go to the stores. That is why 
we have always argued against our colleagues who want to go and 
destroy--potentially destroy--that magnificent coastline, which is a 
gift from God, in my humble view.
  It is interesting because the first Earth Day was inspired by a 
horrible oilspill that hit Santa Barbara, and the whole country saw the 
devastation, what happened to the wildlife, what happened to the ocean, 
what happened to the people there.
  Ever since that time we have been taking a moment to take a deep 
breath. By the way, breathing clean air is also an important part of 
Earth Day to actually appreciate this incredible gift that we have been 
given and to rededicate ourselves to the preservation of our 
environment.
  In 1969, the Cuyahoga River in Ohio caught fire. Swaths of the Great 
Lakes were lifeless dead zones. Air in our cities was very unhealthy. 
All that happened in that year that then-Senator Gaylord Nelson decided 
to act on Earth Day.
  When Senator Nelson took a trip, a plane trip, and looked down at the 
devastation of the awful Santa Barbara spill, he realized we needed a 
day to celebrate the Earth and to dedicate ourselves to protecting 
these gifts we have been given. Twenty million Americans rallied to 
celebrate the first Earth Day the following year in April 1970.
  I think it is important to note that protecting the environment has 
been a bipartisan thing here, at least up until recent times. The 
Environmental Protection Agency opened its doors in November of 1970. 
It was Richard Nixon who signed that law. The Clean Water Act became 
law in 1972, the Safe Drinking Water Act in 1974, the Toxic Controlled 
Substances Act in 1976.
  We have seen dramatic improvements in the air we breathe, the water 
we drink, and, again, very good growth in our economy over this period. 
We saw the gross domestic product rise from $4.26 trillion in 2005 
dollars, in 1970, to $12.9 trillion. That is a threefold increase in 
the GDP during the time we had these great environmental laws on the 
books.
  So when the next politician stands up and says: You are going to 
devastate the economy, let's show him or her that is not so. If we take 
the lead--lead is a neurotoxin. When we keep it out of the area of our 
children, we know their IQs have gone up. It has been proven. We know 
what lies before us, clean energy. We know if we can get carbon 
pollution out of the air, it is going to unleash twice as many dollars 
from the private sector into finding new technologies, clean energy 
technologies. It will get us off of that addiction to foreign oil, $1 
billion a day. We will make products in this country that the whole 
world wants.
  The world is going green. Why should we step back and allow China to 
make all of the solar panels? Why should we step back and allow Germany 
to make all of the windmills? They have taken over the lead from the 
United States of America.
  I want to see the words ``Made in America'' again. I want to see them 
on products, clean energy technology products. I hope we will recommit 
ourselves to protecting this environment.
  Today, we have a tremendous opportunity before us in clean energy. 
When we move forward to address the challenge of climate change, we 
will create millions of jobs and protect our children from dangerous 
carbon pollution. Most importantly, clean energy will move us away from 
our dangerous dependence on foreign oil, which is costing us a billion 
dollars a day and making our country less secure.
  America should be the leader in creating clean energy technologies 
that are made in America and work for America.
  It will mean manufacturing jobs for people who build solar panels and 
wind turbines; it will mean jobs for salespeople who will have a world-
wide market for these American made exports.
  It will mean jobs for engineers, office workers, construction 
workers, and transportation workers too.
  But today, other countries are moving quickly to take advantage of 
the enormous opportunities to manufacture and sell the solar, wind, 
geothermal and other clean energy technologies that will power the 
world in the coming decades.
  Venture capitalists tell us that when we pass clean energy and 
climate legislation, it will unleash a wave of private investment that 
will dwarf the capital that poured into high tech and biotech combined. 
That means new businesses, new industries, and millions of new jobs for 
American workers.
  Colleagues on both sides of the aisle are working on legislation to 
step up to the clean energy and climate challenge, building on the work 
we have done in the Environment and Public Works Committee. I look 
forward to working with them as this process moves forward.
  This Earth Day, we have an unprecedented opportunity to reinvigorate 
our economy, create jobs, and put America on a new course to recovery 
and prosperity. Let's remember the lessons of the past and seize this 
opportunity.
  I yield the floor.
  Mr. SCHUMER. Madam President, I rise today to speak in support of the 
nomination of Judge Denny Chin to the United States Court of Appeals 
for the Second Circuit. Judge Chin is, first and foremost, a highly 
qualified and experienced nominee to one of the busiest courts in the 
country.
  Judge Chin's life story speaks volumes about his own talent and 
determination, but also about the opportunities that this country 
offers--opportunities that made it possible for him to make the journey 
from Hong Kong, through Hell's Kitchen, to New York's best schools and 
now to the Second Circuit.
  No one could be more qualified. No one could have a more impeccable 
record on the district court. And, he has the bonus of providing needed 
diversity to our appellate bench.
  Nonethless, after passing him out of committee unanimously, my 
Republican colleagues required the majority leader to file cloture on 
his nomination. It took 4 months--4 months--to get an up or down vote 
on him. It is good for the court system and the country that we are 
finally doing it this morning.

[[Page S2543]]

  He has been a sitting judge in the Southern District of New York for 
15 years, during which time he has presided with exceptional skill over 
some of the most challenging and important cases in the country.
  Judge Chin is a quintessential New Yorker: He graduated from our best 
schools--including Stuyvesant High School and Fordham University Law 
School--and practiced there his entire career. His family emigrated 
from Hong Kong to America when Judge Chin was just 2 years old. His 
father worked as a cook and his mother worked as a garment factory 
seamstress in Chinatown. He grew up in a cramped tenement in Hell's 
Kitchen with his four siblings. He later practiced in New York as both 
a private lawyer and a Federal prosecutor.
  Throughout my time in the Senate, I have applied the following 
criteria to each nominee for the federal bench: Is he excellent? Is he 
moderate? And will he bring diversity to the bench?
  On excellence: Besides his obvious academic and professional 
credentials, Judge Chin has earned a unanimous well qualified rating 
excellent by ABA.
  But more important than this, in my book, are the views of his peers 
who come in contact with him every day. Few judges have earned the 
accolades that litigants have given Judge Chin, whether they have 
experienced his courtroom in victory or defeat.
  For example, in the Almanac of the Federal Judiciary--which compiles 
evaluations of judges from practitioners--lawyers describe Judge Chin 
as ``a judge's judge,'' ``conscientious,'' ``extremely hard-working,'' 
``very bright,'' and ``an excellent judge.''
  In short, no one--no one--questions Judge Chin's excellence, his 
intellect, or his temperament.
  On moderation: There is more than one way to evaluate Judge Chin's 
moderation.
  First, he is a tough, but fair, sentencing judge. In an observation 
that is emblematic of Judge Chin's moderation, one attorney has even 
said of Judge Chin: ``[h]e is a decent human being but he doesn't let 
that influence his sentencing.''
  Judge Chin is, in fact recently best known for sentencing Ponzi 
scheme operator Bernard Madoff. In a case that could have been a 
complete circus, that involved hundreds of victims who lost every penny 
they had, Judge Chin ran the proceedings with dignity and efficiency 
and sentenced Madoff to the highest possible sentence.
  Judge Chin said:

       The message must be sent that Mr. Madoff's crimes were 
     extraordinarily evil and that this kind of irresponsible 
     manipulation of the system is not merely a bloodless 
     financial crime that takes place just on paper, but that it 
     is . . . one that takes a staggering human toll.

  In addition, Judge Chin has said explicitly that he believes in a 
modest, moderate role for judges. In his 1994 questionnaire that he 
submitted during his confirmation to be a district court judge, he 
wrote:

       My view is that judges ought not to legislate; that is not 
     their function. Judges interpret and apply the law, keeping 
     in mind the purposes of the law.

  Finally, Judge Chin has plenty of bipartisan support. His nomination 
garnered glowing letters from former Attorney General Michael Mukasey 
and Republican-appointed U.S. Attorney John Martin, who hired him 30 
years ago and has practiced before Judge Chin. He had not a single vote 
against him, Democrat or Republican, in committee.
  On the topic of diversity: It goes without saying that Judge Chin's 
confirmation would improve the diversity of the Federal appellate 
bench. He already has the distinction of being the only Asian American 
judge to serve on the Federal district court outside of the Ninth 
Circuit. With his confirmation, he will be the only currently active 
Asian American appellate judge on the Federal bench.
  So, let us proceed to approve Judge Chin without further delay, and 
keep one of the busiest dockets in the Federal judiciary functioning 
smoothly. I am proud and pleased to have a role in this historic moment 
for our Federal courts.
  Mrs. GILLIBRAND. Madam President, I am pleased to rise today in 
strong support of the nomination of fellow New Yorker, Judge Denny 
Chin, to be a judge on the U.S. Court of Appeals for the Second 
Circuit. Judge Chin has a distinguished legal career, having dedicated 
the majority of his life to public service and education. His 
experience in the court room spans more than a decade as a litigator, 
and over 15 years as a Federal judge.
  When he was 2 years old, Judge Chin moved with his parents from Hong 
Kong to New York, where he later attended Stuyvesant High School. 
Through hard work, he was able to attend Princeton University, where he 
received the Athlete Award from the National Football Scholarship 
Foundation and graduated magna cum laude. After graduating from 
Princeton, Judge Chin attended Fordham School of Law, where he earned 
his juris doctorate and became managing editor of the Fordham Law 
Review.
  As impressive as his educational background is, Judge Chin has 
enjoyed an equally notable legal career in public service and private 
practice, beginning with a job clerking for U.S. District Judge Henry 
Werker in the Southern District of New York for 2 years. He then spent 
another 2 years at Davis Polk & Wardwell before resuming his commitment 
to public service at the U.S. Attorney's Office for the Southern 
District of New York. As a Federal prosecutor, Judge Chin honed his 
litigation skills by arguing cases in the U.S. District Court and the 
U.S. Court of Appeals for the Second Circuit. Following his time at the 
U.S. Attorney's Office, Judge Chin went back into private practice, 
working as a litigator and a partner at several law firms in New York, 
and also as a solo practitioner, becoming a specialist in employment 
and commercial law.
  In 1994, Judge Chin was the first Asian American appointed to Federal 
district court outside the Ninth Circuit, where he has served for 15 
years. During his time on the bench, Judge Chin has presided over more 
than 4,700 civil and 650 criminal cases, issuing more than 1,500 
opinions. He has served as designated judge on the Second Circuit Court 
of Appeals on 84 appellate cases, of which nine decisions are his 
written opinions. Notably, Judge Chin presided over the high profile 
trial of Bernard Madoff, whom Judge Chin ultimately sentenced to 150 
years in prison for defrauding billions of dollars from New Yorkers and 
individuals from across the United States.
  Judge Chin has demonstrated a strong commitment to education and the 
next generation of the legal profession as a professor of law for more 
than 23 years at his alma mater, Fordham University's School of Law. He 
has contributed to legal scholarship by publishing seven law review 
articles and is frequent speaker at bar associations, law schools, law 
firms, corporations, and non-profit organizations. In 2009, he received 
the Professor of the Year Award from the Fordham Law School Public 
Interest Resource Center, and previously was awarded the Fordham Law 
School Alumni Association's Medal of Achievement in 2006. He currently 
cochairs the Fordham Law School Minority Mentor Program.
  Judge Chin's dedication to public service extends to community 
leadership, and he is actively involved in local community and in legal 
associations. He is a member of the Second Circuit's bar association, 
the Federal Bar Council, formerly serving as the President, and 
currently serving on the Public Service Committee. Prior to assuming 
the bench, he also served on numerous community boards, including the 
Brooklyn Center for Urban Environment, Care for the Homeless, Hartley 
House, and St. Margaret's House. Upon assuming the bench, Judge Chin 
remained involved in his local community by becoming a member of 
numerous cultural organizations in New York. The outstanding dedication 
he demonstrated throughout his career and years of community 
involvement has led to numerous awards and honors--such as the J. 
Edward Lumbard Award for Public Service from the United States 
Attorney's Office for the Southern District of New York, and the 
Lifetime Achievement Award from the New York State Division of Human 
Rights.
  The American Bar Association gave Judge Chin its highest rating, as 
he is an exceptional and highly competent judge. He has always followed 
a thoughtful, reasoned approach to each case, strictly adhering to the 
application of facts and legal precedent.

[[Page S2544]]

  There are currently 129 judicial nominees waiting to be confirmed by 
this Senate. It is unfortunate that when there are such highly 
qualified nominees as Judge Chin, they cannot be quickly voted on so 
that they may begin to handle the many critically important cases that 
are currently pending in our Federal courts.
  In conclusion, Judge Denny Chin possesses the judicial temperament, 
breadth of legal knowledge, and commitment to justice, civil rights, 
and the rule of law necessary for this appointment. He is well 
qualified, and I am confident that he would make an outstanding judge 
on the U.S. Court of Appeals for the Second Circuit. I urge my 
colleagues in the Senate to support his confirmation.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Denny Chin, of New York, to be U.S. 
circuit judge for the Second Circuit?
  Mrs. BOXER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be. The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Kaufman) 
is necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from South Carolina (Mr. DeMint).
  Further, if present and voting, the Senator from South Carolina (Mr. 
DeMint) would have voted ``yea.''
  The PRESIDING OFFICER (Mrs. Hagan). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                      [Rollcall Vote No. 123 Ex.]

                                YEAS--98

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Brownback
     Bunning
     Burr
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     Dodd
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Levin
     Lieberman
     Lincoln
     Lugar
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     DeMint
     Kaufman
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the President shall 
be immediately notified of the Senate's action.

                          ____________________