Here’s what Lee Zeldin’s voting record may mean for the EPA

SOURCE:

https://www.autonews.com/technology/mobility/an-lee-zeldin-epa-record/

By: Molly Boigon - December 6, 2024

Lee Zeldin is one Trump nominee who cannot be easily put into a box.

When Adrienne Esposito, executive director of a New York environmental group, appealed to the then-congressman to keep funding for Long Island Sound restoration in the federal budget, he and two other representatives from the state secured the reauthorization of $65 million per year in 2018.

“Whenever we met with Lee Zeldin on a critical environmental issue, he did respond positively,” said Esposito, who leads Citizens Campaign for the Environment. “I wouldn’t say he’s a climate change champion, but I certainly would say that he understands that it’s real, and it’s devastating, and it needs to be addressed.”

Esposito’s experience with the Republican nominee for EPA administrator, who once represented parts of Long Island, indicates a tale of two Zeldins. His votes on the environment were fairly moderate, and he demonstrated a willingness to work with environmental groups to protect the vulnerable coast of New York.

Since his nomination in November, however, he has indicated loyalty to President-elect Donald Trump’s agenda, which environmentalists say could have devastating climate impacts. Trump said Zeldin would “ensure fair and swift deregulatory decisions” to “unleash the power of American businesses” while maintaining clean air and water. Zeldin said he would “revitalize our auto industry to bring back American jobs” and reverse regulations that “are forcing businesses to struggle.”

Zeldin’s impact on the automotive industry will depend on which path he chooses. He did not respond to emailed requests for an interview.

“He was generally a moderate conservative from a Northeast state clearly dealing with climate change,” said John Miller, who covers sustainability policy for TD Cowen’s Washington Research Group. At the same time, “he’s been a very loyal, consistent, successful translator of the Trump message to traditional Republicans at a time when that wasn’t popular.”

How might Lee Zeldin govern the EPA?

If Zeldin is confirmed, he could affect the electric vehicle transition in several ways. For instance, he may retool the EPA’s tailpipe emissions standards for light vehicles from the 2027 model year and later, and he could pull back the three-part clean trucks process for medium- and heavy-duty vehicles. That process has tranches of rules impacting different model years, vehicles and types of emissions.

States and nonprofits have sued the EPA over the light-vehicle regulations, and the new Department of Justice could seek a voluntary remand.

“Normally, judges are deferential to the agency who’s being sued,” said Miller, meaning the judge would likely agree to let the new administration review the rules that are being contested and revise. Otherwise, the new EPA would likely just begin a new rulemaking process.

Zeldin’s EPA could also reconsider the California emissions waiver, which allows the state to write its own stricter greenhouse gas emissions. That would have implications for BMW, Ford, Honda, Stellantis, Volkswagen and Volvo — automakers that agreed to meet the standards even if the state loses its regulatory authority. Those six automakers have signed contracts that will require them to sell more EVs than nonparticipating counterparts if the government revokes the California waiver.

Lee Zeldin’s voting record on the environment

Before becoming Trump’s EPA administrator nominee, Zeldin served in the New York State Senate from 2011 through 2014. His environmental record there was inconsistent. For example, Zeldin co-sponsored what one New York environmental group, EPL/Environmental Advocates, called an environmental “super bill,” the Solar Industry Development and Jobs Act of 2011. He also voted for other pro-environment bills including one related to renewable energy credit tracking. However, Zeldin received the group’s Oil Slick Award for the 2011 legislative session after he sponsored a bill that would have cut funding to the state’s public transportation agency.

In later sessions, he appeared to become more environmentally conservative. He was the only state senator who voted against requiring energy-efficient equipment purchasing for some organizations and one of just six who voted against a bill related to the collection and handling of mercury-based thermostats. He still voted for measures such as the Community Risk Reduction and Resiliency Act, which requires the state to include climate risk in planning processes for facility siting, permitting and funding.

After joining the U.S. House of Representatives in 2015, where he served until 2023, his record continued to demonstrate a rightward-lean with some openness to environmental issues. The League of Conservation Voters, a left-leaning environmental group, noted that 14 percent of Zeldin’s votes in the House were “pro-environment.” That’s lower than any current Democrat but higher than any Republican.

He bucked the conservative party line on several votes. A 2021 appropriations act amendment would have cut funding for the EPA, and Zeldin voted against it. He also voted against an amendment to a different appropriations bill that would have prevented the EPA from using money to carry out its Endangerment Finding, which requires the agency curb greenhouse gas emissions.

He voted in favor of an amendment to the Climate Action Now Act that would emphasize “the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change.”

Zeldin also took action to prevent offshore drilling. When the first Trump administration declared it wanted to do oil exploration and drilling on the East Coast, Esposito said her organization asked Zeldin to organize a hearing on Long Island.

The Department of the Interior hosted the public hearing, which happened “in the middle of a nor’easter with driving, torrential, pouring rain,” and “the congressman stayed for the whole hearing and listened to hundreds of people testify their opposition to offshore drilling,” said Esposito.

He ultimately voted in favor of a ban, the Coastal and Marine Economies Protection Act, which in 2019 was referred to the Senate Energy and Natural Resources Committee, where it died.

Zeldin still opposed some key climate legislation. During his last term, he voted against the Infrastructure Investment and Jobs Act, the Inflation Reduction Act and the CHIPS and Science Act, which all funded R&D for technologies meant to prevent climate change or mitigate its impacts.

Even for those who know Zeldin, the future is unclear. 

“It’s different when you’re in Congress, and you’re accountable for your votes, and the public can assess your votes,” said Esposito. “What I’m concerned about [if Zeldin is] in the EPA, is that there’s no constituency like that.”