Charleston Leader

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

Chairman Capito emphasized the importance of cooperative federalism in environmental law. "The environmental laws are based on the principle of which states are co-regulatory partners with the federal government," she stated. She asked both nominees if they would commit to engaging with states under this framework to protect public health and the environment.

David Fotouhi responded affirmatively, highlighting that empowering states through cooperative federalism would be a priority if confirmed. Aaron Szabo echoed this sentiment, stressing that states should have a primary role in regulation as they understand their needs best.

Energy reliability was another focus during the hearing. Chairman Capito expressed concerns about electricity shortages due to reduced baseload power supply. She questioned whether Szabo would ensure electric reliability and energy affordability when implementing statutory obligations under the Clean Air Act.

Szabo assured that he would consider costs and impacts on electricity reliability as required by law. Fotouhi added that while implementing programs like the Clean Air Act, EPA should adhere strictly to its statutory authority without overstepping its boundaries.

Capito also addressed durable rule-making at EPA, asking Fotouhi how his experience as an attorney would guide him in ensuring rules are consistent with statutes. Fotouhi emphasized his commitment to following congressional authorization and statutory language, citing past Supreme Court decisions reinforcing this approach.