Mr. President, before I make a statement on Scott Pruitt, to my colleague and friend from Colorado, I couldn't agree with you more. What happened in Colorado was an environmental tragedy, and we saw the photos. It is horrible. I don't know…
Mr. President, before I make a statement on Scott Pruitt, to my colleague and friend from Colorado, I couldn't agree with you more. What happened in Colorado was an environmental tragedy, and we saw the photos. It is horrible. I don't know who is responsible for it, but it appears to be a government agency, and they should be held accountable. I will join you in that effort. I don't think there is any Member who wouldn't join you in saying there ought to be justice done here.
We shouldn't let them off the hook because they are EPA employees or employees of the Federal government.
But I don't understand the leap in logic from that position to Scott Pruitt. Scott Pruitt is a man who, as attorney general of Oklahoma, has filed more than 14 lawsuits to restrict the authority of the EPA to clean up rivers.
I am happy to yield for the purpose of a question.
I said to the Senator from Colorado that I will join you. If the EPA is responsible for this spill, then I will stand with you. Justice should be done.
The point I am making to you is that this leap of logic then--to put Scott Pruitt in charge of the EPA--is really taking away the power of this Agency to avoid that kind of environmental disaster.
I will be glad to yield for a question.
I reclaim my time and just say this. I do not know the particulars. I understand that what you said is what I read, that it was the fault of some government employee--perhaps of the EPA. I don't dispute that fact. If that is the case, then we have a responsibility to your State to make it whole again. And whoever the EPA Administrator is should face that responsibility. I will join you in that effort.
But to go from there to say Scott Pruitt is the man to head the EPA because he is going to acknowledge this one fact, is to ignore his record, to ignore his position on the environment.
The Senator from Colorado, I know has to leave the floor, but I want to continue on this vein. Yesterday, the President of the United States decided to sign a resolution. He had a big gathering. He had Senator McConnell, the Republican leader and other Members of the Senate and the House. It was a big celebration. Representatives of mining companies, coal companies, even mine workers were there celebrating the repeal of an EPA rule. What was the repeal of that rule? The repeal of that rule related to what the mining companies could dump into rivers and streams from their mining operations. What was the fear? The debris in toxic waste that they would dump in the rivers would end up killing rivers, just like the river that the Senator from Colorado has given a speech on.
I might add that he voted to repeal that rule. So now we have the President of the United States saying we are going to revitalize the mining economy by eliminating a rule that restricts mining companies from dumping debris and toxic waste into rivers and streams. Now, that doesn't follow.
If you are dedicated to keeping our rivers and streams healthy and pure and reliable sources for safe drinking water, you don't do what President Trump did yesterday. You don't do what the Republicans in the Senate did just a few days ago and remove this rule. I struggled to understand.
I see my friend from Delaware is here. The Senator and I have been in this business for a long time together. I won't say how many years.
He knows, I know, and some others know, but most people would be surprised of the following: Which President of the United States created the Environmental Protection Agency? Richard Milhous Nixon, 1970. A Republican President created this Agency which has become the bete noire for the Republicans--the most hated Federal agency, created by a Republican President.
Why? Because at that moment in time, America was awakening to Rachel Carson's ``Silent Spring'' and to so many other factors, when we finally concluded there was something we were doing to the environment that was harmful, not just to the environment but to the Earth, which we hoped to leave our children.
We joined together on a bipartisan basis--this is before I was in Congress--to create this Agency which Scott Pruitt seeks to lead. Now, what has happened? What has happened is there has been a role reversal here. The Republicans, who used to be part of environmental protection and safety, have now abandoned it.
In fact, that is the drum they beat on most often, when they talk about overregulation, the Environmental Protection Agency. Yesterday, this President--28 days into his Presidency--could not wait to sign a rule that allows mining companies to dump toxic waste and debris into rivers and streams. You know the argument: It is just too expensive not to. If we are going to make a profit, if we are going to employ people, then you have to let us dump this into the rivers and streams.
I don't buy it. The reason I don't buy it is that I can remember many years ago, the first time I went across my State of Illinois and took a look at abandoned mine lands. These were lands that were strip mined, which means they brought in bulldozers and really just found the coal deposits, not just that for below the surface of the land. They ripped out the coal and left the mess behind for future generations.
It was horrible--a horrible environmental disaster. They walked away from them after they made the money. They went out of business and left that mess behind for the next generation or the one beyond it.
I am all in favor of mining. Fundamentally, there is nothing wrong with it at all. But responsible mining means that you are responsible when it comes to the environment. You just don't make your money and leave, you accept the responsibility to leave behind something that is as good as or better than the way you found it. It is known as stewardship. It is Biblical.
This is kind of a moral responsibility which we accept on this Earth that we live on, to leave it better than we found it. The Environmental Protection Agency is there for that purpose.
I would say to the Senator from Delaware, they did a survey in Chicago a few years ago. They asked the people of Chicago: What is the one thing unique and defining about that city? Overwhelmingly, the response was Lake Michigan, as it should be--this magnificent great lake which borders the city of Chicago.
It is a source of so much fun and joy and aesthetic beauty. We look at it and thank the good Lord that we have the good fortune of living, as many of us do, part time, full time, right there on the banks of Lake Michigan.
It was about 5 or 6 years ago that I heard a story about a ship on Lake Michigan. It was an auto ferry. It took passengers and automobiles across that beautiful great lake. It moved them from Wisconsin to Michigan. The name of the ship was the SS Badger. It had been around for decades. It was kind of an institution.
Come the summer months when people would cross that lake to head over to Michigan or back over to Wisconsin, they would pile on and bring on their automobiles and families. It was a great excursion. But we came to learn that there was another side to the story. The SS Badger was the last coal-fired auto ferry on the Great Lakes. It burned coal to run the engine to move the ship across Lake Michigan.
That, in and of itself, raises some interesting questions about pollution coming off the smokestack of the SS Badger. It turned out that wasn't the worst part. The worst part is that for decades, as the SS Badger trekked across Lake Michigan, it not only burned coal, it dumped the coal ash overboard while it was going across the lake.
This potentially dangerous and toxic coal ash was being dumped into Lake Michigan day after day after day. The Environmental Protection Agency came in and gave us the facts. It turned out that the auto ferry, that one ship, was the dirtiest ship on the Great Lakes. It created more pollution, more damage to the Great Lakes and
its environment, than any other ship. Believe me, there are plenty of ships that traverse the Great Lakes. This was the filthiest, dirtiest ship.
The EPA said to the SS Badger: We know you employ people. We know you perform an important function. But clean up your act. So what did the SS Badger do, in light of this EPA finding? Well, they fought them all the way. They came to Congress and asked that Congress designate the SS Badger as a historical monument. A historical monument? Well, it was an old ship. There is no doubt about it. But the notion that came from the Congressmen from Michigan and Wisconsin was, by designating it a historical monument, it would be exempt from environmental protection laws.
So the dirtiest ship--the SS Badger--on the Great Lakes would somehow have historical status and continue to pollute Lake Michigan. I thought it was outrageous. A number of us joined in stopping that effort. Instead, we said to the EPA: You have given them years to clean it up. Now do something about it.
Next thing, surprisingly, the owner of the SS Badger asked to meet with me in my office. I said sure. He came in and he said: Senator, we employ 100 people. We have been doing this for years. We cannot technologically clean up the SS Badger. It just can't be done. We would lose too much money.
I said: I am sorry, but that is unacceptable. You cannot tell me that because of profitability you need to continue to create a bigger mess in the Great Lakes than any other ship on the Great Lakes.
So he went back and lawyered up and decided he would fight the EPA. I stood with the EPA, the regional office out of Chicago. We had a battle on our hands. A rule was issued by the EPA.
I hear so many Republicans come to the floor bemoaning rules and regulations. Let me join that chorus. Are there too many rules and regs in some areas? Yes. Are there some rules and regs which I could never explain or even try to defend? Certainly.
But the rules and regulations of the EPA many times are critically important. In this case, that was exactly what we found. So the EPA issued a rule and regulation that said to the SS Badger: You have been given years to clean up, and you will not do it. So now the clock is ticking. There will come a moment when you will be subject to a substantial fine if you don't clean up your act.
Do you know what happened because of this onerous EPA regulation? Do you know what happened to the SS Badger, whose owner said that it was technologically impossible for them to clean up this mess? They came up with the most basic, simple solution. You wonder why they waited so long. They now hold the coal ash on the SS Badger as they go back and forth across Lake Michigan. They remove it once they get to shore and put it into an environmentally acceptable waste disposal.
This was an obvious answer for decades, but they would not do it. It took the Environmental Protection Agency to step up and threaten it with a rule and a fine. Now they are finally doing it.
So I say to those who loathe government rules and regulations: This was a good one. For the health of the Great lakes, for God's gift to us of that beautiful body of water, we did the right thing and the EPA was there to do it.
Yesterday, when President Trump signed this new resolution that repealed the rule, he was reversing what I just described to you. He was saying to mining companies across the United States: Be my guest. Dump toxic waste and debris in our rivers and streams.
He did it in the name of job creation. We all want to create jobs, but if we are creating jobs at the expense of the health of rivers and lakes, if we are creating jobs at the expense of safe drinking water, that is a bargain I will not be part of.
Many times I have had a conversation with my wife and friends. I guess it reflects the fact that we have been on this Earth a little longer than some. You wonder out loud. You say: Why in the world do we have more autism today than we once had? Why do we have more cancers than we once had? People have a lot of theories. Some of them are wild and unfounded. But many times people say: Could it possibly be the chemicals in our drinking water? I do not know.
I am a liberal arts lawyer. Don't get me near a laboratory; I would not know what to do with it. But it is a legitimate question, whether there is some contamination in our drinking water, which has a public health impact. Someday we may discover that.
Isn't it best for us to err on the side of keeping our drinking water as safe and clean as possible? I think so. I don't want to turn on the tap and drink the water and think that I am making myself sicker or more susceptible to a disease. I sure as heck don't want to do it for my kids and grandkids. What Agency is responsible for that? It turns out to be the Environmental Protection Agency. That is the Agency that Scott Pruitt seeks to head.
He is a terrible choice. I am sorry to say that. I shook hands with him once. I don't know him very well. But when you look at what he has done--I think of a letter I received from Dale Bryson in Illinois. I don't know him personally. He wrote to me and he said:
Having served under both Republican and Democratic
Presidents, we recognize each new administration's right to
pursue different policies or ask that Congress change the
laws that protect our environment. But EPA's administrator
must act in the public's interest and not simply advance the
agenda of any specific industry that EPA regulates.
Mr. Bryson goes on to say:
The agency is lucky to have had EPA administrators,
Republicans and Democrats, with the patience, skill and
commitment to public service that is needed to steer through
these challenges and deliver the clean and healthy
environment that Americans want at a price they are willing
to pay. We do not believe Scott Pruitt has demonstrated that
he has the qualities needed to lead the Environmental
Protection Agency.
He was not the only one who wrote to me. I have heard from constituents who believe that sensible environmental regulation is critical for us to have a clean planet to live on and leave to our kids. Tim Hoellein, a professor at Loyola University in Chicago, conducts research on water pollution in city environments. He wrote to me and said:
I note our city, State and county have made some major
advances toward better infrastructure and policy for clean
water. However, we are still not meeting our obligations to
our neighbors and future generations by rising to the best
standards of water stewardship. Those gains are at eminent
risk with the appointment of Mr. Pruitt to the EPA.
Finally, I want to read a letter from a Chicago resident, Ms. Maureen Keane. She wrote to me and she said:
I love my country. I love our beautiful environment and my
family. We need a strong advocate for our land and people to
head the EPA. That person is not Scott Pruitt. Hundreds of
former employees of the EPA agree with me. That must mean
something. Pruitt has a record of doing everything he can to
shut down and dismantle the EPA. We need a strong advocate
who has the ability to create a balance between business and
our land and people resources, one who can create strong laws
for which businesses can agree on and adhere to while
protecting our most precious assets, people, wildlife, and
our land.
She says:
As someone who grew up surrounded by dirty water in the
Little Calumet River, next to a train yard, and surrounded by
onion fields with pesticides, I have seen first hand family
and neighbors die young from cancer. Please oppose Pruitt if
you love America and your family. This is a decision that can
be costly for future generations.
These letters really are just a handful of those that I have received on the subject. Scott Pruitt has alarming conflicts of interest with the oil and gas industry.
My friend and colleague, Senator Carper of Delaware, has taken on this nomination professionally and in the right way. He has helped us reach a point now where we have to say to our friends on the Republican side of the aisle: Be careful about the vote that you cast at 1 o'clock today, because by 1 o'clock on Tuesday or Wednesday, in the following week, you may regret that vote.
The reason I say it is that Senator Carper has been working with groups trying to get a disclosure of the emails that Scott Pruitt, attorney general of Oklahoma, had during the course of serving as attorney general, while he was filing some 14 different lawsuits against the Environmental Protection Agency. He was caught red-handed taking a letter written by one of these energy companies and changing the letterhead and calling it an official statement from his own attorney general's office. So he clearly has a comfortable,
if not cozy, relationship with the energy companies. That, in and of itself, is not condemning or damning, but if it ends up that he is seeking this position to advocate their political position, rather than to protect America's environment, that is a relevant issue.
Senator Carper has been working with groups night and day to get disclosure of emails that were sent to Scott Pruitt and sent by him between oil and gas companies and other energy companies to determine whether there are any conflicts we should know about before giving him this job.
I understand that late this morning, our Senator from Oregon, Mr. Merkley, may be coming and asking for us to postpone this vote until these emails are publicly disclosed. Is it 5, 6, 10 emails? I think it is thousands, isn't it? Some 3,000 emails.
The Republican Senators and Senator McConnell have said: We don't want to read them. We don't care what is in them. It doesn't make any difference if there is a conflict of interest. This is Scott Pruitt. He is our man. President Trump wanted him. We don't want to read the facts. We don't want to know the evidence. We just want to give a good, loyal vote to our President.
I don't think that is the way we should meet our responsibilities in the Senate. This thoughtful and sensible thing to do is to postpone this vote until we return. We are going to be gone next week because of the President's recess. Scott Pruitt can wait 10 days, and we can wait for the truth, can't we?
The Environmental Protection Agency will continue to do its business with its professionals, but before we put him in the job--which we may come to regret in just a few days--shouldn't we take the time to do this and do it thoughtfully?
As Oklahoma attorney general, he sued the EPA 14 times. He was often partnering with the very industries he is now being called on to regulate. Though some of these lawsuits are still ongoing, he will not even commit to recuse himself.
He was asked during the course of his hearing: As attorney general of Oklahoma, you sued the EPA. The EPA, as an Agency, has the first level of administrative hearing on those lawsuits. Will you, if you become Administrator and Secretary of the EPA, commit to recuse yourself from those lawsuits you filed?
He said: No.
That means he could have a very interesting position when those lawsuits come up for consideration. He will be the petitioner and the plaintiff; Scott Pruitt, attorney general of Oklahoma. He will be the defendant; Environmental Protection Agency, Scott Pruitt, Administrator, and Secretary. He will also be the jury; the Environmental Protection Agency, headed up by Scott Pruitt in his administrative capacity.
What a sweetheart deal. I used to be a trial lawyer. This would be the answer to a prayer. I get to be the plaintiff and the defendant and the judge?
Scott Pruitt wants to protect his right to do that so he can continue to protect the special interests he represented as attorney general of Oklahoma.
Common sense suggests to any lawyer licensed to practice in America that this is a conflict of interest which needs to be avoided, but Scott Pruitt says: No, they have to go forward, and I have to win this lawsuit.
You know what, I think he is going to win the lawsuit if he doesn't recuses himself.
We need to ensure that the EPA has strong leadership, that it is dedicated not to energy companies, not to oil companies, not to gas companies but to protecting all Americans. Literally, lives depend on it.
President Donald Trump has chosen not just a man with an extraordinary amount of conflicts of interest but a person who is a climate-denier. He said some things that are nothing short of amazing.
Look at this quote by Scott Pruitt, candidate for Administrator of the EPA:
The debate about climate change is just that, a debate.
There are scientists that agree, there are scientists that
don't agree, to the extent of man's contribution and whether
it is even harmful at this point.
Really? So 98 percent of scientists--98 percent--have said that something is happening to this world, and human activity is the reason, 98 percent of them. Greenhouse gas emissions, carbon in our atmosphere, obvious changes, glacial melts, the rising of the oceans, extreme weather conditions that we are facing--just a casual observer would understand that is a reality, but not this man, not the man who seeks to head the Environmental Protection Agency. To him, it is still being debated.
He is in this rarified group with blinders. You see him here with his glasses. He wants to put on blinders when it comes to climate change. And this is the man President Trump has chosen to head up the Environmental Protection Agency?
The Chicago Sun Times, on December 8, had an editorial entitled ``Foe of EPA is wrong person to lead it.'' Here is what they said:
Unfortunately, President-elect Donald Trump has appointed
Scott Pruitt, an open foe of environmental initiatives, to
head the U.S. Environmental Protection Agency. That
demonstrates a callous disregard for the health of our nation
and planet just as rapid technological advances hold out hope
for avoiding the worst effects of climate change.
The U.S. Senate should reject Pruitt.
They go on to say:
During his campaign, Trump said he would dismantle
President Barack Obama's environmental policies and pull the
United States out of the 195-nation Paris accord to reduce
greenhouse gases and climate change. After the election,
Trump moderated his tone, saying he has an open mind about
climate change. His appointment of Pruitt, however, suggests
that if he's open to anything, it's strictly more pollution.
They go on to say:
The EPA is all about science. Someone who doesn't believe
in science can't do the job.
His appointment would send a message to the rest of the world that the United States is not a partner in efforts to reduce emissions of greenhouse gases. The damage could be incalculable.
If a house divided against itself could not stand, neither can a government agency.
When you listen to what Scott Pruitt has said about science, you realize this man has no business heading up the Environmental Protection Agency.
Listen to what he said in February 2012: The amount of human exposure to mercury from U.S. powerplants is small. ``Human exposure to methylmercury resulting from coal fired EGUs is exceedingly small.''
Here is what the scientists say:
As a result of these long-term mercury inputs [from coal-
fired electric utilities], there are hotspots and whole
regions, such as the Adirondacks of New York, the Great Lakes
region of the Midwest and large portions of the Southeast
where the fishery is contaminated with mercury. . . . There
are more fish consumption advisories in the U.S. for mercury
than all other contaminants combined.
The source of this scientific statement: Dr. Charles Driscoll from Syracuse University.
Here is what Mr. Pruitt said about mercury and air toxic emissions from power plants: ``Finally, the record does not support EPA's findings that mercury, non-mercury HAP metals, and acid gas HAPs pose public health hazards.''
Here is what the scientists say: ``There is no evidence demonstrating a `safe' level of mercury exposure.'' Source of that statement: Dr. Jerome Paulson from the Council on Environmental Health, American Academy of Pediatrics, before the Senate EPW Committee.
Scott Pruitt isn't quite sure if mercury is really that dangerous. Scientists disagree.
Mr. Pruitt, when talking about the benefits from cleaning up powerplant mercury emissions: The benefits of cleaning up powerplant mercury are ``too speculative,'' said Mr. Pruitt, and ``not supported by the scientific literature.'' Concluding, ``EPA cannot properly conclude that it is `appropriate and necessary' to regulate hazardous air pollutants under section 112.''
That is a statement from Scott Pruitt's legal brief in Murray Energy Corporation v. EPA, November 2016.
What do the scientists say about Mr. Pruitt's observations? ``U.S. efforts to reduce mercury emissions, including from power plants, are benefiting public health much faster than could have been predicted in 1990.'' Source of that
statement: Dr. Lynn Goldman, dean of Milken Institute School of Public Health, George Washington University, January of this year.
Here is what Mr. Pruitt had to say about the debate over whether climate change is real:
Global warming has inspired one of the major policy debates
of our time. That debate is far from settled. Scientists
continue to disagree about the degree and extent of global
warming and its connection to the actions of mankind. That
debate should be encouraged--in classrooms, public forums,
and the halls of Congress.
That quote is from an article in the National Review, May of 2016.
What do scientists say about Mr. Pruitt's observation? ``The scientific understanding of climate change is now sufficiently clear to justify taking steps to reduce the amount of greenhouse gases in the atmosphere.''
That was a statement from the U.S. National Academy of Sciences in 2005--12 years ago. Twelve years later, Scott Pruitt is still wrestling with whether this is a problem.
How about Mr. Pruitt, when it comes to the extent of the human activity on climate change? He said:
We've had ebb and flow, we've had obviously climate
conditions change throughout our history, and that is
scientific fact. It gets cooler. It gets hotter. And we do
not know the trajectory is on an unsustainable course. Nor do
we know, the extent by which the burning of fossil fuels, and
man's contribution to that, is making it far worse than it
is.
That was a statement he made on the ``Exploring Energy'' radio program in May of 2016.
What do the scientists say about that? ``The scientific evidence is clear: global climate change caused by human activities is occurring now, and it is a growing threat to society.'' Source: American Association for the Advancement of Science, 2006--11 years ago.
They said this unequivocally. Scott Pruitt still doesn't buy it.
What did he say about climate change being a natural occurrence? I will quote him.
Is it truly man-made and is this simply just another period
of time when the Earth is cooling, increasing in heat, I mean
is it just typical natural type of occurrences as opposed to
what the (Obama) Administration says?
Again, this is from that radio program ``Exploring Energy.'' This was in October of 2016.
What do the scientists say about Mr. Pruitt's observation?
Human-induced climate change requires urgent action.
Humanity is the major influence on the global climate change
observed over the past 50 years. Rapid societal responses can
significantly lessen negative outcomes.
The source: The American Geophysical Union; the date, 2003--14 years ago.
Here is Scott Pruitt, this man who wants to head up our Environmental Protection Agency, still at war with scientific fact. What has he said about the debate over climate change? He said:
The debate about climate change is just that, a debate.
There are scientists that agree, there are scientists that
don't agree, to the extent of man's contribution and whether
it is even harmful at this point.
Again, this is from the ``Exploring Energy'' radio program show in May of 2016.
What do the scientists have to say about that?
It is clear from extensive scientific evidence that the
dominant cause of the rapid change in climate of the past
half century is human-induced increases in the amount of
atmospheric greenhouse gases, including carbon dioxide
(CO2), chlorofluorocarbons, methane, and nitrous
oxide.
The source of that statement: The American Meteorological Society, 2012--5 years ago.
What Mr. Pruitt says about how reasonable minds can disagree on climate:
How [climate change] is happening, if it is, clearly is
subject for reasonable minds to disagree. Whether man is
contributing to it or not.
Again, this is from his ``Exploring Energy'' radio program, April 2016. I am sorry I missed that one too.
Here is what the scientists say in response:
The evidence is incontrovertible: Global warming is
occurring. If no mitigating actions are taken, significant
disruptions in the Earth's physical and ecological systems,
social systems, security and human health are likely to
occur. We must reduce emissions of greenhouse gases beginning
now.
The source of that scientific statement: The American Physical Society, 2007--10 years ago.
Now we know what this man is all about. He denies science. He is an advocate for those special interest groups who make money off of pollution. He doesn't believe the Environmental Protection Agency should have the authority it has today. He has challenged it 14 times in court. He won't recuse himself from even the petitions he has personally filed as attorney general of Oklahoma, and he is anxious to be approved by the Senate before we get a chance next Tuesday or Wednesday to read 3,000 emails he received and sent as attorney general of Oklahoma, including emails between Mr. Pruitt and energy, gas, and oil companies.
I think it is pretty clear what this is all about. This is an effort by special interests in America to put their best friend on the job at the Environmental Protection Agency. They want to make sure he is there to look the other way when we should be regulating to keep this planet we live on safe and in good shape for future generations. That makes it a clear choice for all of us. I am going to vote against Scott Pruitt.
I am sorry, I say to Donald Trump. You have a right to have your point of view, but you don't have a right to put a man in this job who denies basic science that has been agreed upon for over a decade. You certainly don't have a right in this circumstance to put a man in charge of the EPA who is going to add to the climate change problem in our world, who is going to diminish the reputation in the United States on fighting this on an international basis, and who is going to kowtow to special interest groups, which has been shown over and over again when it comes to his service as the attorney general in the State of Oklahoma.
Mr. President, I ask unanimous consent to have 5 minutes to make a statement on a separate topic.