Dems ask why EPA is preparing for Wheeler confirmation during shutdown

Dems ask why EPA is preparing for Wheeler confirmation during shutdown
© Anna Moneymaker

Senate Democrats say the Environmental Protection Agency (EPA) might be breaking the law by having employees help with Andrew Wheeler’s confirmation process to serve as the agency's administrator during the partial government shutdown.

Under federal law and the EPA’s own contingency plan, just over 800 employees are allowed to work at the agency after its appropriations have lapsed.

But Sen. Tom CarperThomas (Tom) Richard CarperKey Senate Republican praises infrastructure deal Biden's bipartisan deal faces Senate gauntlet Top Democrat: 'A lot of spin' coming from White House on infrastructure MORE (Del.), the top Democrat on the Environment and Public Works Committee, said in a letter to the EPA that it’s not clear that the staff who are helping Wheeler prepare for his confirmation hearing before that panel next week are among those allowed to work.

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“We are concerned that preparations for your confirmation hearing may be occurring using resources that are not described in or authorized under EPA’s Contingency Plan,” Carper wrote, along with Sens. Ben CardinBenjamin (Ben) Louis CardinSenate panel votes to repeal Iraq war authorizations Senate Democrats press administration on human rights abuses in Philippines Democrats pushing for changes to bipartisan infrastructure deal MORE (Md.), Sheldon WhitehouseSheldon WhitehouseSenate Democrats to introduce measure taxing major polluters Lobbying world Kavanaugh conspiracy? Demands to reopen investigation ignore both facts and the law MORE (R.I.) and Chris Van HollenChristopher (Chris) Van HollenOvernight Energy: Major oil companies could face billions in climate taxes under new Senate bill Senate Democrats to introduce measure taxing major polluters Senate Democrats press administration on human rights abuses in Philippines MORE (Md.), other Democrats on the committee.

“It is difficult to understand how preparing you for next week’s confirmation hearing credibly falls within any of the categories listed in EPA’s Contingency Plan, particularly the category of employee that is ‘necessary to protect life and property.’ Using EPA resources in this manner may also run afoul of the Antideficiency Act,” they said.

President TrumpDonald TrumpMajority of Americans in new poll say it would be bad for the country if Trump ran in 2024 ,800 bottle of whiskey given to Pompeo by Japan is missing Liz Cheney says her father is 'deeply troubled' about the state of the Republican Party MORE this week formally nominated Wheeler, the EPA’s acting administrator since July, to officially take that post, a nomination that requires Senate confirmation.

Sen. John BarrassoJohn Anthony BarrassoSunday shows preview: Delta concerns prompt CDC mask update; bipartisan infrastructure bill to face challenges in Senate Tracy Stone-Manning's confirmation treatment was simply unacceptable — and it must stop Former Wyoming Sen. Mike Enzi dies after bicycle accident MORE (R-Wyo.), the environment panel’s chairman, quickly scheduled a hearing for next Wednesday on Wheeler’s confirmation.

The EPA says it is certain that the staff assisting Wheeler are allowed to be working.

“EPA has excepted a limited number of employees to prepare the Acting Administrator for the hearing on January 16th,” EPA General Counsel Matt Leopold said in a statement.

“Participation in and preparation for a confirmation hearing that has been scheduled by Congress is clearly excepted under Department of Justice, Office of Legal Counsel, opinions," he said. “Additionally, the Constitutional appointment power allows for EPA to take the steps necessary to ensure the Acting Administrator is prepared for his hearing.”

Despite some EPA employees working during the shutdown, they along with others across the government whose agencies are not funded, will not be paid until the shutdown ends.