Charleston Leader

U.S. Senator Shelley Moore Capito led a Senate Environment and Public Works Committee hearing on the nominations of David Fotouhi and Aaron Szabo for key positions within the Environmental Protection Agency (EPA). The hearing focused on cooperative federalism, energy reliability, and ensuring EPA rules align with congressional statutes.

Senator Capito questioned the nominees about their commitment to cooperative federalism, emphasizing the importance of states as co-regulatory partners with the federal government. She stated, "State agencies are best suited to understand the diversity in their geographic, economic, and social elements…will you commit to engaging with states under the cooperative federalism framework to establish workable rules and implementation strategies?"

David Fotouhi responded affirmatively, highlighting his intention to empower states through cooperative federalism by providing technical assistance. Aaron Szabo echoed this sentiment, noting that "states have the primary role in regulating" and stressing the need for cooperation without penalizing states for emissions beyond their control.

The discussion also covered energy reliability concerns linked to the Clean Power Plan. Senator Capito expressed worries about electricity shortages due to reduced baseload power supply. Szabo assured that any actions would consider costs and impacts on electricity reliability. Fotouhi emphasized adherence to statutory authority, referencing a Supreme Court decision that limits EPA's role in grid-wide energy regulation.

Regarding durable rule-making, Capito asked Fotouhi how his legal experience would guide his approach at the EPA. Fotouhi emphasized the importance of adhering to congressional authorization and statutory language, citing past Supreme Court rulings against overstepping statutory boundaries.

The hearing underscored key issues facing environmental policy and regulatory frameworks in America today.