1 week Ago By Bergeson & Campbell, P.C.
Elections bring significant change, especially in Presidential election years. During the 76-day period between Election Day and Inauguration Day , President-elect Trump and his transition team are busy selecting people to serve in his Administration. Congress has even less time, only 59 days from the election until the 119 th Congress convenes January 3, 2025 , at noon.
A previous post looked at what Congress may do during the lame duck period . This post looks at who will lead on environmental policy in the Trump Administration and in Congress beginning in January 2025 , and identifies an important, under-the-radar issue that the next Congress must address — the expiration of Toxic Substances Control Act (TSCA) fees on September 30, 2026 . In what was viewed as a surprising announcement , President-elect Trump on November 11, 2024, named former Representative Lee Zeldin (R-NY) as his nominee to be Administrator of the U.
S. Environmental Protection Agency (EPA). The selection of Zeldin was surprising in part because EPA Administrator is never one of the first positions announced and because Andrew Wheeler, EPA Administrator in President Trump’s last Administration, was believed to be the front-runner for the position.
Zeldin represented New York’s First Congressional District from 2015 to 2023. While in Congress, he was a member of the Climate Solutions Caucus and Conservative Climate Caucus. He also served on the congressional PFAS Task Force and has supported legislation to set limits on per- and polyfluoroalkyl substances (PFAS) in drinking water.
While addressing climate change was a top priority for President Biden, President Trump and congressional Republicans have expressed a desire to reverse Biden’s climate policies. Leadership changes are also coming to the two key environmental committees in Congress. With Republicans taking control of the Senate, the new Chair of the Committee on Environment and Public Works (EPW) will be Senator Shelly Moore Capito (R-WV), who is the ranking Republican on EPW.
Senator Capito is a supporter of carbon capture, use, and storage, has been a supporter of regulating PFAS in drinking water, and has worked on bipartisan PFAS legislation. Current EPA Chair Tom Carper (D-DE) is retiring at the end of the 118 th Congress. Senator Sheldon Whitehouse (D-RI) will be the Ranking Democrat on EPW.
Senator Whitehouse has served in the Senate since 2006 and has been one of the most engaged Senators on climate change issues. Republicans retained control of the House of Representatives but the Chair of the Committee on Energy and Commerce (E&C), Representative Cathy McMorris Rodgers (R-WA), is retiring from Congress at the end of the session. There is a two-way battle for the Chair between Representative Brett Guthrie (R-KY) and Representative Bob Latta (R-OH).
Guthrie chairs the E&C Subcommittee on Health and Latta chairs the E&C Subcommittee on Communications and Technology. The ranking Democrat on E&C, Representative Frank Pallone Jr. (D-NJ), will retain his role in the 119 th Congress.
While many people are focused on climate change and how the Trump Administration and congressional Republicans will address the climate policies of President Biden, there is another important, but under-the-radar issue that the 119 th Congress must address — the September 30, 2026 , expiration of fees for TSCA. The need for Congress to reauthorize TSCA fees presents an opportunity for Congress to make much-needed improvements to the statute, especially Section 5, the new chemicals program. The leaders above will play important roles in renewing the fees and making much-needed improvements to TSCA during the 119 th Congress.
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