Nomination of EPA Deputy Administrator Stephen Johnson

NOMINATION OF EPA DEPUTY ADMINISTRATOR STEPHEN JOHNSON

Mr. WYDEN. Mr. President, on March 10, I announced my intention to object to any unanimous consent request for the Senate to take up the nomination of Stephen Johnson to be Deputy Administrator of the Environmental Protection Agency, EPA. I did this because I had been trying to obtain information concerning EPA's decision to become involved with the City of Portland combined sewer overflow program since last August. Despite numerous requests, EPA failed to answer my questions and failed to provide me with the documents I had requested, with the exception of a limited number of documents that EPA would have to provide to any requester under the Freedom of Information Act, FOIA.

Today, I am releasing my hold on Mr. Steve Johnson to acknowledge that EPA has made a good faith effort to provide documents on the Portland sewer situation since I placed a hold on his nomination. Although I am lifting my hold on Mr. Johnson, I remain troubled by EPA's policy for withholding documents from Members of the Senate and the Environment and Public Works Committee, in particular. I believe the EPA position on this critical issue is contrary to the law and the controlling court decisions. I have also voiced my concern that EPA policy would mean the end of Congressional oversight. I believe that Senators should not be forced to place holds on nominees in order to obtain documents they need to conduct their oversight duties as members of the committee with primary responsibility for oversight of EPA.

I will lift my hold on Mr. Johnson's nomination today to acknowledge recent EPA efforts to respond to my requests. I will also be monitoring EPA cooperation in responding to my requests for information in the future. And if EPA again tries to stonewall as it did to my requests for information on the Portland sewers, I will put a hold on other EPA nominations if that is what it takes to get the agency's attention and cooperation.