Chairman Capito Asks EPA, FWS Nominees about Regulatory Certainty, West Virginia Priorities

To watch Chairman Capito’s questions, click here or the image above.

 

WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, led a hearing on the nominations of Brian Nesvik to be Director of the United States Fish and Wildlife Service (FWS), Jessica Kramer to be Assistant Administrator for the Office of Water of the Environmental Protection Agency (EPA), and Sean Donahue to be General Counsel of the Environmental Protection Agency.

During the hearing, Chairman Capito questioned the nominees about the process of working with state government officials, aspects of the federal permitting process, and the Muddy Creek Restoration Project in West Virginia.

HIGHLIGHTS:

IMPORTANCE OF STATE INTERACTION:

CHAIRMAN CAPITO:

“I've heard from my West Virginia government officials of instances when they've tried to advise [FWS] on these local issues, and it's sort of fallen on deaf ears. So because of your interactions in the past, will you please share your experience as Director of Wyoming Game and Fish with your department's efforts to coordinate with those state regional [FWS] field offices, and how that experience will inform your efforts to strengthen the relationship between the service and those state agencies?

BRIAN NESVIK:

“I have had many years of opportunity to interact with and work directly with different employees of the United States Fish and Wildlife Service, all the way from field employees, up to previous directors. One of the things that that's there, certainly at times, there's this natural tension and friction between state and federal agencies. But I think one of the things that's been very helpful for me, and would be helpful for me in this position, if I'm confirmed, is understanding both my frustrations with some of those decisions and interactions, but also understanding what challenges those folks face, as well.”

SECTION SEVEN CONSULTATIONS:

CHAIRMAN CAPITO:

“[Endangered Species Act] Section Seven consultations are an important step in the federal permitting process, ensuring that threatened and endangered species, as well as critical habitats, are not jeopardized. While there are deadlines the Service must meet for these consultations, they are often missed, the deadlines are missed, leading to costly delays. Will you commit to expediting Section Seven consultations while ensuring wildlife and their habitats are protected?”

BRIAN NESVIK:

“I know it's an issue, I'm very interested in digging into and trying to find out, you know, where we can find some efficiencies. I'm a strong believer, as I said, in using technology. Oftentimes processes get bogged down, and there's a lot of, every day, there's new technology available to help with those things. And I'm interested in looking at that, and my commitment to you is that I will take the deep dive into this issue.”

MUDDY CREEK RESTORATION PROJECT:

CHAIRMAN CAPITO:

“In West Virginia, we saw firsthand how innovative state-led approaches can deliver real environmental results. I'm talking about the Muddy Creek Restoration Project. It successfully restored 19 miles of waterways that was impacted by acid mine drainage, using a cost effective watershed-based strategy. And this model was faster, more efficient, less expensive, and initially it was launched under the Trump administration. Later, it was touted by the Biden administration for its success, but it was ultimately abandoned in favor of a slower, more bureaucratic process that threatens the progress of being able to clean up Muddy Creek. If confirmed, how will you get the EPA’s water office back to proven, results-driven approaches like this Muddy Creek model I'm speaking about?”

JESSICA KRAMER:

“If I have the honor of being confirmed, one of the things that we will focus on in the Office of Water is looking at every one of the regulatory matrixes that we implement as the EPA, and looking for opportunities for both innovation as well as expediting, ensuring that we are still fulfilling our statutory and regulatory obligations. The project you mentioned is an exact opportunity for us to try to replicate, to look for those additional opportunities and to offer, not only for other locations in West Virginia, but also across the country.”

Click HERE to watch Chairman Capito’s questions.

Click HERE to watch Chairman Capito’s opening statement.

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