Trump EPA nominee pits Delawarean against Delawarean

Hockessin resident William Wehrum was confirmed on Thursday as the Trump Administration's chief air quality regulator despite fierce opposition from Democrats, led by Delaware's senior senator, Tom Carper.  

In a near party-line vote, the U.S. Senate confirmed the Delawarean 49-47 to become the agency's assistant administrator for the Office of Air and Radiation. Sen. Susan Collins, R-Maine, was the sole Republican to oppose the confirmation.

In a statement released after the vote, EPA Administrator Scott Pruitt thanked Senate Republican leaders for "getting Bill confirmed to such an important role at the agency."

Wehrum was among four Trump environmental nominees this week to face severe Senate scrutiny – a group that included Andrew Wheeler, a coal-industry lobbyist and Trump's nominee to serve as the EPA's number two.

STORY: New Castle man takes on the EPA over Superfund site

STORY: Superfund dollars could help Newark water cleanup

Critics in Congress argued the group of nominees includes climate change skeptics, and their appointments were the latest evidence that the Trump Administration is willing to defer to polluters at the expense of the environment. 

Wehrum, a registered Republican, was the only one to be confirmed as of late Thursday. 

Asked if the science, which shows human activity as the primary cause of climate change, was accurate, Wehrum said in an email, "the climate is changing, and humans are contributing."  

"I will continue to review the science with EPA experts," he said. 

A recent government report lays the blame for a rise in global temperatures on human activity. Yet, Pruitt, this week said the report won't deter him from rolling back an Obama-era Clean Power Plan, a major rule aimed at limiting carbon emissions. 

From industry lawyer to regulator

Criticism of Wehrum began soon after the White House announced his nomination on Sept. 7, with Democrats and environmentalists fearing he would fail to enforce air quality rules against the same oil, gas and chemical companies he had represented for the past decade as an attorney in Washington, D.C. 

"We occasionally ride the same train from Wilmington to Washington. He is a good person, but he is not, in my judgment, a good choice for this important job," Carper said during an Oct. 4 committee hearing, noting also that Wehrum had represented private industry in 31 cases against the EPA since 2009.

Wehrum said he would follow ethics rules that are in place while regulating company officials with whom he has established relationships.   

"I will follow the guidelines of EPA career ethics officials and am committed to following their advice and serving my country professionally," he said.

In the announcement of his nomination, White House officials in a statement said Wehrum has a "long history of public service" and over 31 years working in the environmental field.

Wehrum "will work to protect public health and the environment while at the same time pursuing regulatory reforms that will reduce unnecessary regulatory burdens," Jeff Holmstead, former head of the EPA's air and radiation office, said in the statement.

Carper, speaking on the Senate floor Wednesday, said Wehrum's responses to questions posed by senators during the early-October committee hearing heightened his fear that the Delaware attorney opposes environmental regulations of any kind.

"Mr. Wehrum was elusive when answering our questions," Carper said. "When asked which clean air regulation he supports, he could not name a single one. Not one." 

Following Carper's speech, senators voted along party lines – 49 Republicans to 46 Democrats – to end debate on Wehrum's nomination, setting up Thursday's confirmation vote.

When the roll call came to Sen. Al Franken D-Minnesota, the former professional comedian said, “Yeah, this is a tough one. No!”

STORY: Air pollution in Delaware sparks illness, debate

Wehrum, a native of Memphis, Tennessee, moved to Delaware in 1988 to work as a chemical engineer for Allied Signal. While employed full time, he began to study at Delaware Law School, completing his legal degree in 1993. 

Shortly after President George W. Bush moved into the White House in 2001, Wehrum became counsel for the EPA's air and radiation office.

In 2006, Bush nominated him to succeed Holmstead as the lead of the air-pollution office, sparking opposition from Democrats, environmentalists and New York Times editorial board members, who called Wehrum a "doctrinal hit man," who had weakened the Clean Air Act.

For Carper, Trump's September nomination of Wehrum is a case of deja vu.

"I voted against Mr. Wehrum’s nomination (in 2005) because I feared he would impede efforts to clean our air and protect the health of Americans," Carper said. "Sadly my fears have been proved well-founded.”

While Wehrum never was confirmed a decade ago, he served in an acting capacity until 2007. He then was hired by the legal and lobbying firm, Hunton & Williams LLP, where he was a partner. The firm has brought in more than $18 million for its lobbying efforts since 2009, according to Opensecrets.org.

Its clients include Exxon Mobile, CSX, and Google, among others.

Wehrum's biography on his employer's website says, "he has litigated numerous cases in federal and state courts; advocated before EPA and other regulatory agencies on dozens of rules, permits and other administrative proceedings; and represented companies in complex, high-stakes enforcement actions."

U.S. Sen. Jim Inhofe, R-Oklahoma, said Wehrum is widely recognized as a Clean Air Act subject matter expert, who wants to make regulations "workable" with industry.

“I regret that his first nomination to the EPA back during the George W. Bush Administration was blocked by Democrats," Inhofe said. "It is my hope that we can correct that wrong and confirm him."

During the Oct. 4 committee hearing, Carper’s fellow Democratic senator, Jeff Merkley of Oregon, implored the Delawarean to acknowledged a correlation between rates of carbon emissions and global temperature increases. Wehrum declined, prompting Merkley to say, "what we have seen is this Koch brother-inspired determination not to acknowledge even the most fundamental facts.”

Sen. Chris Coons, D-Delaware, in a statement said he opposes Wehrum's confirmation "based on his history of ignoring science and putting industry interests ahead of public and environmental health.”

“His nomination is consistent with the current administration’s other EPA nominees and appointees, including Secretary Pruitt, who have spent their careers fighting the very regulations they are now tasked with enforcing," Coons said.

Asked to respond to his numerous Democratic critics, Wehrum said he is committed to Trump's "positive environmental agenda."

"Which means helping refocus EPA back on its core mission of providing more Americans with clean air, land, and water," he said.

Contact Karl Baker at kbaker@delawareonline.com or (302) 324-2329. Follow him on Twitter @kbaker6.