[Congressional Record Volume 167, Number 45 (Wednesday, March 10, 2021)]
[Senate]
[Pages S1473-S1474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFIRMATION OF MICHAEL STANLEY REGAN
Mr. SULLIVAN. Mr. President, we just voted on Secretary Michael Regan
to be the new EPA Administrator. I want to congratulate him on his
vote. He is now the new EPA Administrator.
I sit on the Committee on Environment and Public Works. So we had
hearings for Mr. Regan--Administrator Regan, I guess we want to call
him now--and I have had a number of conversations with him. I actually
voted for him to move out of committee to come to the floor for this
vote that we took today.
I like to come down to the floor to explain my votes because
sometimes I support the Biden administration's Cabinet officials. I
introduced Secretary of Defense Austin at his confirmation hearing. I
served with him many years ago when I was a marine and he was a four-
star general in the Army. I have a lot of respect for the Secretary of
Defense.
Then there are other times when I am a ``no.'' What I typically like
to do is come and explain the noes but not always. On this one, for
Secretary Regan, for Administrator Regan and his team, I want to
explain it because I will say that I was impressed with him. I think he
is qualified. He was essentially the EPA administrator for North
Carolina. Both of his Republican Senators introduced him at his hearing
and voted for him, I believe, today, and I have had good conversations
with him as well.
Here is the thing: I was trying to get commitments from him. Now,
this is very normal in the confirmation process. You work with the
nominees and try to get commitments. Sometimes they give them, and
sometimes they don't, but that is what we do--give advice and consent.
We have been doing this since the Founding Fathers wrote the
Constitution on what the Senate should be doing in these confirmation
processes that we are going through right now with the Biden
administration. So I wasn't asking for a lot in terms of commitments
from this administration for the great State of Alaska, but it was
important to me.
Why was it important to me?
Unfortunately, the Biden administration has launched a war on working
families in Alaska. Now, that sounds like a pretty dramatic statement,
``a war on working families in Alaska.'' What I am looking for is a
ceasefire. My State, like a lot of States, is hurting economically. We
are doing very well and I am very proud of Alaska on the health side.
We are No. 1 in terms of vaccinations per capita in the country, which
is remarkable, if you have been to my State, as it is so huge and the
populations are so spread out, but we are working together, all of us,
and we are achieving really remarkable results. We have been No. 1 in
testing per capita throughout the whole pandemic, and we have had some
of the lowest per capita death rates throughout the whole pandemic. But
we are being really hit hard economically in the energy sector, the
tourism sector, and the commercial fishing sector.
So why am I looking for a ceasefire?
In the first 2 months of the Biden administration, there have been
eight Executive orders, if you include the recent statement by the
President and the Prime Minister of Canada, which had a focus on
Alaska, which have been focused on my State. Usually, it will be on
economic development projects and usually on access to Federal lands.
Eight. There is no State in the country that is getting that kind of
attention from this administration, and we are hurting. It is not even
close. Show me any other State represented in the U.S. Senate Chamber
that has eight Executive orders directed at your State. It won't exist.
Trust me--my constituents don't like all the attention.
So I want to ask the President--not the Presiding Officer but the
President: Mr. President, Mr. President Biden, sir, you were a U.S.
Senator for three decades. Let me just ask you this question: If a
Republican administration came into office and focused its attention on
shutting down Delaware with eight Executive orders inside of 2 months,
you would be on the floor every day like me, talking about it, asking
for some relief. That is all we are asking for--a ceasefire on the
hard-working families of Alaska.
This is what I asked Secretary Regan. A commitment on these is not a
big issue. I told him, if I could get a commitment on these things, I
would come down to the floor and give a speech in favor of his
confirmation.
One was of a very big energy project in my State that has been
permitted for almost 25 years. It started with the Clinton
administration, in a place called the National Petroleum Reserve of
Alaska, and was set aside by Congress for oil and gas development. That
is what the NPR-A is. We do it responsibly, better than any place in
the world, but this is a project that was started by the Clinton
administration and moved forward by the Bush administration. There was
a big NEPA environmental impact statement by the Obama administration,
called the Integrated Activity Plan for NPR-A, which was approved. It
was completely noncontroversial because that is what this part of
Alaska is set aside for. Then the Trump administration finalized a very
large but responsibly developed energy project. We started it this
winter with no controversy. It has estimates of 2,000 direct jobs, with
thousands more indirect jobs. All we wanted was a commitment to keep it
going. That is it--simple, status quo. Couldn't get it. Couldn't get
it.
There is litigation with regard to this project right now. About 200
people--almost 200 workers--have been sent home with pink slips during
a recession. Those were great jobs by the way. We tried to get a
commitment on this. We couldn't get it. By the way, 75 percent of those
2,000 jobs were union jobs and high-paying--building trades, laborers,
operating engineers, teamsters. They are great Americans, by the way.
Seventy-five percent. Noncontroversial. Twenty-five years of permits.
No one has been against this. So I just wanted a commitment on it. No.
Like I said, it is a war on working families.
Here is another one. Here is something that a lot of people don't
know about Alaska: 60 percent of the country's wetlands, of America's
wetlands, are in my State--six zero. Now, we have the most beautiful
State. We love our wilderness. We love the outdoors. We care about the
Alaskan environment more than anyone else and--trust me--more than
anyone else in the
[[Page S1474]]
EPA. That is for sure. We have 175 million acres of wetlands. So this
creates challenges.
Unlike most of the lower 48, we have not dredged and filled these
areas in the past. If you look at the east coast, at its environments--
no offense to some of my colleagues whose States are up the corridor
here--holy cow. And you wonder about my environment? Geez Louise. But
it is hard to do compensation for projects where you haven't had dredge
and fill before, because we have so many wetlands. So, in 2018, the
Corps of Engineers and the EPA had an MOU to address some of these
mitigation challenges. It wasn't controversial; it was creative. I
thought Secretary Regan thought it was creative when I talked to him
about it. So we just asked for a continuation of this. These are really
simple commitments, good ideas--couldn't get it from the Secretary.
Now, look, here's my own view. I think Mr. Regan wanted to--I
explained these to him. I think he was reasonable, someone who has done
this in his State and knows each State is unique. He cares about jobs.
He cares about environmental justice. That is a big issue in my State
when a lot of these communities that are getting targeted are actually
Alaska Native communities. They are killing jobs in those communities.
That is environmental justice; that is for sure. So my instinct was he
wanted to make these commitments, but I think he was told no. I don't
know that, but I'm pretty--well, I can't say. But I think he was told
no by the White House. This raises a much bigger concern about this
nominee.
My good friend, the esteemed Senator from West Virginia, Senator
Capito, was on the floor earlier. She also sits on the EPW Committee.
She is the ranking member on the committee. She gave a really important
speech on why she also voted no for Mr. Regan. And I think she had the
same feeling I did. He knows the issues, is qualified, cares about
different States' challenges. But she raised a concern that I want to
reiterate because I think it is going to be a really big concern, and I
think it is going to come to a head here soon, and that is this: There
is concern, not just among Republican Senators--it is all over the
press, and she cited it--that Mr. Regan, who is now the EPA
Administrator might not be the person in charge of the EPA. Now he's
Senate-confirmed. He is the one who has to come before the Congress for
hearings, for oversight, but what are we talking about here?
Well, the former EPA Administrator, Gina McCarthy, is in the White
House. She is out talking to the press all the time. She's an
unaccountable czar on these issues, working behind the scenes--and,
actually, not even behind the scenes. She was recently quoting about
herself, saying she's the orchestra leader of all of these issues.
Wait, what about the EPA Administrator? I thought he was the Senate-
confirmed person nominated by the President. The big, big concern is
that he is not going to have the authority or the decision-making
capacity and is going to be told what to do by a shadow EPA working out
of the White House run by Gina McCarthy. That is not just me. That is
not just Senator Capito. That is all over the press. Read it. Inside
EPA--she was quoting from that, Senator Capito was. No transparency
there? All these previous Obama administration EPA alumnae in the White
House running it.
By the way, if I am the new EPA Administrator, Mr. Regan, I wouldn't
want that notion out there. But with all due respect, sir--and, again,
congratulations--it is out there, and you need to tamp this down
because it is going to come to a head.
Look, my State did not fare well under the Gina McCarthy EPA. There
is a long list: the waters of the United States--I won't get into the
details of the disrespect to my constituents. Armed EPA officials with
body armor, rifles, were going after gold miners and placer miners in
Alaska because they thought they were violating the Clean Water Act. No
kidding. Read about it. Chicken, AK--go Google that. We were not big
fans.
So I believe Mr. Regan wants to work with Alaskans. I believe he
understands the concept of cooperative federalism on these
environmental issues. I don't believe he would authorize armed guards
to terrify small placer miners in the interior of Alaska the way the
previous Administrator McCarthy did and talk to the press in a
blatantly disrespectful way to my fellow Alaskans. It was shameful, in
my view. But this issue is going to come to a head.
Who is in charge? Regardless of whether you are a Democrat or
Republican, if you voted for the EPA Administrator or you didn't, we
want him in charge because he is the Senate-confirmed official
nominated by the President, not an unelected official in the White
House who I guarantee wouldn't have been able to get confirmed. So it
is going to be a challenge.
And it is not just Gina McCarthy. We had an EPW hearing today, and I
raised the issue of the other czar--John Kerry, the former Senator. But
he is not confirmed. He hasn't been appointed to a Senate-confirmed
job. He and the President are at loggerheads on a really big issue.
President Biden, the President of the United States, recently in a
meeting reported by the press with labor leaders, said: I am all in on
natural gas. That is important. That is a huge issue for our
environment and our workers. The President of the United States said
``I am all in on natural gas'' to the men and women who build
pipelines. He told them that recently in a White House meeting. He is
the President of the United States.
Now John Kerry--I think some people think he is President of the
world. He is flying around on his airplane right now, and he is telling
people he is not for natural gas. Well, I wonder who is going to win
that debate.
But this goes to this issue: These are going to come to a head. Who
is in charge here--the President of the United States or the President
of the world--on natural gas? I hope it is the President of the United
States because natural gas is going to be key for our workers, for our
environment, for our national security. And at the EPA level, who is in
charge? Mr. Regan? I hope so. Or Gina McCarthy? It is looking more and
more like she is in charge.
So that is why a number of us, despite being impressed, wanting to
work with the new EPA Administrator voted no, and I certainly hope that
the unaccountable team of McCarthy and Kerry in the White House are not
going to be running the policy, but it is going to be the people who
were actually confirmed by the U.S. Senate because that is the way our
system of government is supposed to work.
So, Mr. President, for those reasons, although I again want to
congratulate Mr. Regan, I respectfully declined to support his
nomination, and we will see. We will see who is going to be ultimately
in charge.
I want to work with him and his team. These issues are so important
to my State. I want him to help convince others in the Biden White
House for the ceasefire that my constituents need.
We need to get to work, and I am hoping he is going to be a
constructive partner in that regard
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