President-elect Donald Trump’s nominee to lead the Environmental Protection Agency, former Rep. Lee Zeldin (R-NY), faced sharp scrutiny during his confirmation hearing this week. While Zeldin acknowledged that climate change is real—a notable departure from Trump’s repeated skepticism—he stumbled when addressing a fundamental legal question about carbon dioxide as a pollutant, The Daily Beast reported.
The exchange began with Sen. Sheldon Whitehouse (D-RI) posing what seemed to be a straightforward question: “First, as a matter of law, is carbon dioxide a pollutant?” Zeldin attempted to inject humor into his response, saying, “As far as carbon dioxide emitted from you during that question, I would say no.”
The joke fell flat, prompting Zeldin to shift his tone. He continued, “As far as carbon dioxide that is emitted in larger masses, that we hear concern about from scientists, as well as from Congress, that’s something that certainly needs to be focused on for the EPA.”
Whitehouse pressed further, asking, “As a matter of law, it is a designated pollutant, correct?” Zeldin’s response revealed a misunderstanding of the legal framework. “Senator, while carbon dioxide is not named as one of the six in the Clean Air Act, the EPA has been treating it as such,” he replied. Whitehouse then corrected him, pointing out that the Supreme Court classified carbon dioxide as a pollutant in 2007.
Zeldin’s misstep adds to the controversy surrounding his nomination. He is being considered for the role as Trump signals intentions to dismantle significant portions of President Joe Biden’s climate policies. These include rolling back subsidies for climate projects, potentially re-exiting the Paris Climate Agreement, and curtailing states’ authority to impose stricter tailpipe emissions standards—policies Zeldin has criticized as an “electric vehicle mandate.”
Zeldin’s acknowledgment of climate change contrasts with Trump’s stance, but his apparent lack of clarity on key legal issues raises questions about his preparedness to lead the EPA. As the agency plays a crucial role in shaping U.S. environmental policy, Zeldin’s ability to navigate such fundamental issues will likely remain a focal point in his confirmation process.
With climate policy at the center of national and global discussions, the stakes for Zeldin’s confirmation are high, and his performance at the hearing has done little to ease concerns among lawmakers and environmental advocates.