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The nomination of David Fotouhi as the deputy administrator of the Environmental Protection Agency (EPA) by President Donald Trump has sparked controversy due to Fotouhi’s history of representing companies accused of environmental harm. Fotouhi, a partner at the law firm Gibson Dunn, has been involved in efforts to roll back climate regulations and water protections during Trump’s first administration.
One of the most recent cases that Fotouhi was involved in was challenging the EPA’s ban on asbestos, a known carcinogen that causes mesothelioma. Fotouhi argued on behalf of a group of car companies that the EPA failed to demonstrate that chrysotile asbestos presents an unreasonable risk of injury for the specific uses that were banned. The ban on asbestos was a long-awaited decision by the EPA, as more than 50 other countries have already outlawed the use of the mineral.
Environmentalists have raised concerns about Fotouhi’s nomination, calling for him to recuse himself from decisions regarding asbestos and other environmental issues he has worked on at Gibson Dunn. They argue that his past representation of companies accused of pollution creates a conflict of interest.
Fotouhi’s nomination is still pending Senate approval, but his track record at Gibson Dunn includes representing companies in lawsuits over PFAS contamination, chemical releases harming endangered species, and challenges to EPA water quality standards. Critics fear that Fotouhi’s industry ties could influence his decision-making at the EPA.
The potential consequences of Fotouhi’s appointment are significant, as he could play a critical role in shaping environmental policies and regulations. With the EPA’s mission to protect public health and the environment, Fotouhi’s background raises concerns about the agency’s commitment to upholding these values.
Overall, Fotouhi’s nomination highlights the ongoing debate over the influence of industry interests in environmental policymaking and the need for transparency and accountability in government appointments. The EPA’s role in safeguarding public health and the environment is crucial, and the appointment of individuals with conflicting interests could have far-reaching implications for environmental protection efforts.