Cover photo: Zeldin sits before the Senate EPW Committee on January 16 in Washington, D.C. (Credit – Official U.S. Senate photo by Ian Cunningham)
Former Congressman Lee Zeldin (R-Shirley) has been nominated by President Donald Trump (R-FL) to lead the Environment Protection Agency (EPA). If confirmed by the full U.S. Senate, Zeldin would join the president’s Cabinet and oversee a department of numerous divisions, ten regional offices, nearly 15,000 employees, and a budget of nearly $10 billion.
Last Thursday, Zeldin went before the Senate Environment and Public Works (EPW) Committee to screen for the nation’s top environmental job. The Messenger took the trip to Washington, D.C., to cover the hearing as well as Zeldin’s, 44, monumental rise to such significance that will undoubtedly put Suffolk County in the national spotlight.
Opening Statements
The Senate EPW Committee is composed of ten Republicans and nine Democrats (one Independent caucuses with the Democrats). Senator Shelley Moore Capito (R-WV) serves as Chair and Senator Sheldon Whitehouse (D-RI) serves as Ranking Member.
“Congressman Zeldin championed critical environmental policies that helped his Long Island district. He supported legislation to boost innovation for clean energy, technologies and policies to strengthen our nation’s energy security,” said Capito, adding that the EPA should return to its “core missions” and “better manage taxpayers’ dollars by doing more with the funding that Congress provides.”
Capito also mentioned that environmental benefits can equate to economic growth, saying that the EPA “should prioritize cleaning up brownfields and Superfund sites to facilitate new economic development of those locations, many of which are located in rural and distressed areas,” and warned that “more than half of the U.S. could experience rolling blackouts in the next decade” due to the “lack of a reliable power capacity.”
Whitehouse began his opening remarks by showing a map of Rhode Island with coastal areas shown to be “destined to flood, permanently underwater, lost to sea in the decades ahead” due to “fossil fuel pollution,” an issue shared by Suffolk.
Whitehouse also accused Trump of kowtowing to energy executives, promising to roll back environmental regulations in exchange for campaign contributions.
“The question for Mr. Zeldin…is simple: will he follow the science and the economics and protect our air, water, and climate? Or will he merely be a rubber stamp for looters and polluters who are setting the Trump agenda?”
“I really want this [Zeldin’s nomination] to work,” Whitehouse said to Zeldin, after accusing him of holding roles in “polluter-funded organizations,” like the America First Policy Institute, and writing “anti-climate op-eds paid for by dark money organizations.”
“That is how high the stakes are. I am not here trying to score points. I’m here trying to steer us away from what I see as a calamity ahead.”
Senator John Barrasso (R-WY), not a member of the EPW Committee, addressed the committee ahead of Zeldin to give a de facto character witness before the formal questioning began, stating the EPA has pushed policies to kill jobs in his home state and raise costs nationwide.
“Americans should be able to take for granted that the lights will go on when they flip the switch,” said Barrasso. “Congressman Zeldin will correct the course of the EPA…He knows firsthand how important it is for the federal government to be a partner to the states…that we must be good stewards of the environment without crippling the economy. Many organizations, both public and private, agree that Lee is the right person for the job. One of those organizations is the National Association of Clean Water Agencies. In a letter to the committee, the association said, he has shown a ‘willingness to engage with a broad spectrum of stakeholders to address pressing issues.’”
Barrasso added that Zeldin has “strong support from his community back home,” sharing that the Long Island Water Conference said that they “are offering our strong support” for Zeldin and that they believe he will “provide a balanced approach necessary to the regulatory process.”
Zeldin, who was accompanied to Washington by his wife, Diana, one of his daughters, Mikayla, and his mother, Merrill, then took center-stage before the dais, delivering his own opening remarks.
“Our mission is simple but essential, to protect human health and the environment. 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,” said Zeldin, adding that protecting the environment is a “moral responsibility.”
Zeldin discussed his bipartisan work on Long Island, working to preserve the Long Island Sound and Plum Island, as well as his support of “key legislation” that became “historic bipartisan success stories,” such as the Greater Maritime Outdoors Act, the Save Our Seas Act – in part sponsored by Senator Whitehouse – and the Lautenberg Chemical Safety Act. He also included his regular top-scoring bipartisanship during his time in Congress, as observed by the Lugar Center, as well as his membership of the Bipartisan Climate Solutions Caucus.
“Success is defined for many, including me, as leaving this world better than we found it.
I want every child in this nation, including my daughters and your children, to inherit a world with clean air, clean water, and a thriving economy,” said Zeldin.
The first round of questions then commenced. Each senator received five uninterrupted minutes to question and converse with Zeldin, in order of committee seniority.
Pollutants and Contaminants
Chair Capito quizzed Zeldin on an issue with which Long Islanders are all too familiar: PFAs, man made industrial products, otherwise known as “forever chemicals.”
Zeldin, a former member of the House PFAs Task Force, who voted for the PFAs Action Act, said that the EPA would need to “move the needle” nationwide and that some cleanup projects have awaited stewardship for “decades.”
Ranking Member Whitehouse asked, “Is carbon dioxide a pollutant?”
Zeldin said that congressional and scientific concern about CO2 emissions will be a focus of the EPA, further clarifying that while carbon dioxide is not named as one of the six pollutants in the Clean Air Act (1963), the EPA has been treating it as such, mainly pursuant to a Supreme Court decision for CO2 to be viewed that way.
Whitehouse posited the same question regarding methane leakage, specifically linked to sea level rise, to which Zeldin replied that heat-trapping is an effect of such byproducts, and that he was concerned with sea level rise during his time in Congress. He helped spearhead an Army Corps project to bolster the Montauk Lighthouse’s position on the East End, as there was great concern it would be lost to the ocean due to sea level rise.
“That is what the scientists tell me, Senator,” said Zeldin, regarding the claim that 90% of atmospheric heat goes into the oceans, also confirming Whitehouse’s proposition that 30% of carbon dioxide is absorbed into the oceans, which contribute to their rise in acidity in “clear and measurable ways.”
“Are we now on a pathway to climate safety, or do we need to do more to reduce carbon emissions in order to get on that pathway?” asked Whitehouse.
“The United States’ emissions have been going down over the course of the last couple of decades. Unfortunately, there are other countries where it is not going in the same direction. And I would say that we will have never done enough to ensure that our water and our air is clean, safe, and healthy. Whatever we do every day to achieve this objective, we need to wake up the next day looking for ways to do more,” said Zeldin.
Senator Bernie Sanders (I-VT), (pictured below) although an Independent, caucuses with the Democrats. Sanders mentioned that the “past ten years” have been the hottest on record and listed “unprecedented” situations at home and abroad. He also said that Trump has called climate change a “hoax,” and asked Zeldin if he held the same position.
“I believe that climate change is real. The context that I’ve heard him [Trump] speak about it was with a criticism of policies that have been enacted because of climate change. And I think he’s concerned about the economic costs of some policies,” said Zeldin.
Sanders said he “respectfully disagrees,” and asked if Zeldin would categorize climate change as an “existential threat,” to which Zeldin replied that the “EPA has enormous responsibility over the next hundred years.”
Sanders called the climate situation a “global crisis.”
“It’s very important for me, as Administrator of the EPA, whether traveling to the G7, the G20, or elsewhere, to be reaching out to these other countries to make sure that there is pressure on other nations to do their part as well. It is my job to lose sleep at night to make sure that our air and water remain clean,” said Zeldin.
Sanders discussed how solar panels can drop electric bills as low as 80% – as he and his wife’s bill did – but that the initial cost of solar is too high for most Americans to afford.
A humorous moment unfolded as Zeldin pledged to scrutinize the money spent by the EPA and to ensure a solar-for-all platform going forward. Sanders’ phone rang, interrupting Zeldin’s comments, to which Sanders said, “Sorry, that was the fossil fuel industry.”
Senator Mark Kelly (D-AZ) discussed 80% of ozone-forming pollutants in Phoenix come from natural sources like wildfires, or outside the region from California and Mexico, stating that the “typical EPA playbook” won’t work going forward. Zeldin stated that regions in the Western U.S. wouldn’t be penalized under his administration for emissions caused by wildfire smoke.
Senator Cynthia Lummis (R-WY) asked how a Zeldin EPA would handle PFAs and other contaminants regarding passive receivers from lawsuits, such as those who did not knowingly produce or handle the chemicals, so as to not pass “unreasonably high utility bills” onto consumers.
“I saw it in Suffolk County where we’ve had PFAs issues. The passive receiver issue is something where it could get passed down to the consumer where they end up paying for the cleanup costs in a way that we need to be cognizant of at the EPA,” said Zeldin.
Role of the EPA
Chair Capito asked Zeldin what his “vision for fulfilling the EPA’s statutory mission” is, particularly in the vein of reorienting the agency “back to the basics.”
“It’s important that the EPA is honoring our obligations under the law, fulfilling the historic landmark laws on the books, like the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act,” said Zeldin, adding that he will not “prejudge outcomes,” and that the agency’s actions under his leadership will be “durable” and “able to withstand scrutiny.”
“It’s not us as an agency filling in any gaps, however we might see fit. It requires a close collaboration [with Congress],” said Zeldin, regarding the summer SCOTUS Loper-Bridge Decision against then-Commerce Secretary Gina Raimondo (D-RI), the ruling of which limits discretionary power of federal agencies when interpreting ambiguous statements.
Senators Angela Alsobrooks (D-MD) and Lisa Blunt Rochester (D-DE) found similarities between the ecosystems of Long Island, such as the Chesapeake Bay and the Long Island Sound, as well as Delaware’s ecological similarities to Long Island. Zeldin had served with Blunt Rochester during her time in the House, during which the two cooperated on environmental issues affecting both districts. Zeldin committed to spending money allocated by Congress to his department to “Congress’ intent,” pursuant to these issues.
Zeldin pledged to not cut any funding, as that decision lies with Congress, and that he is “not aware” of a “single person” at the EPA set to be fired by the Trump Administration and the nascent Department of Government Efficiency (DOGE).
Zeldin agreed to Senator Lindsey Graham’s (R-SC) (pictured above) suggestions that tariffs should be used against top polluters with virtually no environmental regulations, such as China and India, as a way to get the world on board with climate control.
Senator Pete Ricketts (R-NE) said that the “rule of law and congressional intent” under the Biden Administration has been “subverted to appease radical left-wing environmentalists. Zeldin agreed to give “certainty” to energy industries, as the 2024 Renewable Volume Obligation (RVO) was not completed on time by the previous EPA. The RVO is a mechanism used by the EPA to implement the Renewable Fuel Standard (RFS), a program that sets targets for the amounts of renewable fuels that must be used.
Senator Jeff Merkley (D-OR) (pictured below) asked Zeldin to provide greater details on his recent compensation, such as media studio fees and op-eds, and campaign donations from energy companies. Zeldin stated he has submitted those receipts to the committee for review and would gladly substantiate further details, adding that the media studio was rented out to various networks.
“There’s no donation that anyone has ever provided me at any point of any amount that is going to influence any decision that I make in this position or beyond,” said Zeldin.
Merkley stressed the ubiquitous presence of microplastics in the environment and the human body and “chemical recycling,” where recycled plastics are only “usable in very limited” manufacturing waste, as opposed to “post-consumer plastics.”
“Going back to my time in the House, I advocated to clean up our waterways around my district, and as I cited in my opening the bipartisan work between Senator Whitehouse and Senator Sullivan (R-AK) on Save Our Seas and Save Our Seas 2.0 should be a model to be followed, a bipartisanship to go even further,” said Zeldin, referencing bills that were signed by President Trump in his first term.
As it pertains to clean drinking water, Zeldin touted his experience in dealing with PFAs and contaminated wells in Suffolk County.
Senator Adam Schiff (D-CA) (pictured below) asked for Zeldin’s same steadfastness in dealing with the California wildfires that he displayed in dealing with the fallout from Hurricane Sandy. Zeldin replied in the affirmative. Zeldin also pledged support for water emergency teams and guidance as demonstrated in the wake of the Maui, Hawaii, fires in 2023.
Senator Ed Markey (D-MA) quoted a 2016 congressional debate in which Zeldin stated that the “key to reduce our reliance on fossil fuels” is to “become more environmentally friendly and pursue clean energy.” Markey asked if those statements remain true.
“In considering all factors, in an ideal world, we would be able to pursue always the cleanest, greenest energy sources possible,” said Zeldin, interrupted by Markey who asked if the law would require him to “deal with” the endangerment fossil fuels pose to L.A., Appalachia, and the Gulf Coast in recent disasters.
“…In citing Massachusetts vs. EPA, the decision does not require the EPA [to deal with disasters]. It authorizes the EPA,” said Zeldin, adding, “There are steps that the EPA would have to take in order for an obligation to be created. I’m just going off the actual text of the core legislation.” He answered Markey’s question affirmatively that the people of these areas are “in danger.”
“Then you have an obligation to deal with that and to do something. I’m not hearing you see your job at the EPA as doing something about it,” said Markey, adding, “It [Massachusetts vs. EPA] says the EPA is supposed to be the environmental watchdog and not a fossil fuel lapdog. That’s what it says.”
“That’s not what it says,” replied Zeldin.
Senator Jerry Moran (R-KS) (pictured above) evoked the problem of small business owners in the oil and gas industries, who are viewed by the EPA in a “one-size-fits-all” policy in terms of production and export. Moran also spoke of the aviation industry, of which Kansas, specifically Wichita, is a national epicenter. Moran’s hope is to bridge the gap between Kansas’ agricultural and aerospace industries, specifically as it pertains to Sustainable Aviation Fuel (SAF), as the industries serve as economic backbones for thousands.
On environmental impact statements (EIS), Zeldin affirmed that the EPA should not “hold up” opportunities and should pursue “sound applications that, otherwise, would and should be approved,” regarding EPAs jurisdictions.
In response to “threats” to slashing the EPA workforce, Zeldin denounced the claims, stating, “I’ve been hugely impressed with the level of talent stepping up to serve at EPA,” stating the “pressure” he is feeling “is to bring out the best of the EPA, to make sure that we are fulfilling our mission of protecting public health in the environment.”
“Cooperative Federalism”
Senator Kevin Cramer (R-ND) stressed the importance of “cooperative federalism,” in that while the states have their own authorities, there is a need for them to work together, as well as with the federal government, to achieve great change. Cramer expressed his dismay with how federal definitions of “water” and “waterways” are constructed, which led his home state of North Dakota to be classified as a “federal wetland,” despite being a semi-arid state of prairies, badlands, and other diverse ecological features.
“It’s important that corners aren’t cut where durability is sacrificed. Laws are written by Congress, and there are cases that have come out to the Supreme Court that provide the EPA with clear guidance on how we must do our job under the law,” said Zeldin, adding that members of Congress should be able to go back to their home states and “with confidence” explain to them the orders of the federal government without hiring attorneys to ensure compliance.
“Unfortunately, we face a reality where many farmers don’t know whether or not their land has waters of the U.S. on it, and I would say that that is a failure on the part of the federal government,” said Cramer.
Senator John Curtis (R-UT) asked Zeldin to speak on his optimism for bipartisanship going forward.
“I represented a big district where people who are conservative Republicans would be able to unite the people who identify as more liberal Democrats to focus on making our environment better. That type of work together…is what the American public is desperate for,” said Zeldin.
Curtis said that Utah’s geography, specifically the Uintah Basin, is responsible for methane leakage, and that 8% of it doesn’t come from “traditional fossil fuel” sources, but rather ground sources that become trapped in geologic formations. Curtis asked for subjectivity in the agency’s weighing of these figures.
“One of my greatest frustrations as a member of the House was to send a letter, a follow-up letter, another letter, and then you call them up and the person who’s testifying before you is acting as if they hadn’t received the first, second, or third,” said Zeldin. “That collaboration is very important,” he added, further saying that he would be happy to travel to the various states and that he and his agency are “accountable” to Congress.
Senator Dan Sullivan (R-AK) (pictured above) discussed gestapo-style EPA raids under Presidents Obama (D-IL) and Biden (D-DE), sharing that “armed agents” raided placer miners in Alaska under the guise of noncompliance of the Clean Water Act, only to find no violations. He added the situations were “very dangerous” since Alaska is such a pro-Second Amendment state.
“How did that even get authorized? Who signs off on it?” asked Zeldin with indignation to the actions by former EPAs. “Congress has enacted laws where enforcement is part of the effort. On the compliance front, 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.”
Zeldin also committed to working on replacing fossil fuels with natural gas exports around the world, as, according to Sullivan, global emissions decrease with natural gas usage.
Sullivan showed a map of Alaska by borough (county equivalent) that showed life expectancy among the Native Alaskan population increased by thirteen years in areas where resource development occurred, bringing jobs, wealth, fisheries, and other economic assets. The Biden Administration, he says, under Interior Secretary Deb Haaland (D-NM) issued “sixty-eight” executive orders to shut down resource development.
Senator Roger Wicker (R-MS) brought up a former agreement between Memphis, Tennessee, and the nearby city of De Soto, Mississippi, the latter of which, due to its ballooning population, is now on its own to manage their own wastewater system. Zeldin agreed to work on such problems during his tenure.
“The first step is to be able to get access to drinking water; even if that’s providing bottled water, that’s a partnership that starts with local leadership, where a state and federal government is asking, ‘what can we do to assist?’” said Zeldin. “What’s important is long-term mitigation and what is so frustrating to the American public is when they see these issues lasting for ten, twenty, thirty years and the ball’s never moving in the right direction.”
Senator John Boozman (R-AR) raised the point that “for the last several years,” the EPA has “failed to collaborate with industries and states prior to rulemaking,” to which Zeldin said that it is “important” the EPA “always” fulfills obligations under the law, but that it’s also important to receive feedback from the public to help the EPA do its job.
“…The worst thing that I could possibly do is to turn a blind eye to great, substantive feedback that will better inform our decisions so that we are being responsive and transparent, not just to Congress but also to the American people,” said Zeldin.