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Mr. WYDEN. Mr. President, I was necessarily absent for rollcall vote No. 299, confirmation of the nomination of David Fotouhi to be Deputy Administrator for the Environmental Protection Agency. Had I been present for this vote, I would have voted no. Mr. Fotouhi has demonstrated an alarming record as a partner in the D.C. law firm Gibson, Dunn, and Crutcher LLP, where he has represented an industry challenge to the Biden ban on asbestos, challenged EPA's water quality standards related to legacy PCB contamination, represented tire companies that released a chemical known to kill salmon, and represented International Paper in lawsuits accusing the firm of contamination from PFASs. During the first Trump administration, he served as the EPA's deputy general counsel and acting general counsel. In these roles, he played a central part in revising the Waters of the U.S. rule that stripped Federal protections from wetlands and streams, and also led the EPA's effort to oppose bonding requirements on mining companies. Because of this poor environmental record, I would have voted no on his confirmation.
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