This West Virginia official worked to limit the power of federal environmental regulators. Now President Biden is making her a federal environmental regulator

President Joe Biden has nominated a West Virginia official who successfully worked to limit federal greenhouse gas regulations on power plants to the commission that regulates the nation’s oil and gas projects.

On Thursday, West Virginia Solicitor General Lindsay See appeared before the Senate Energy and Natural Resources Committee, which is chaired by Sen. Joe Manchin, D-W.Va., during a hearing to consider Biden’s three nominees to the Federal Energy Regulatory Commission.

FERC is the independent agency responsible for regulating interstate natural gas, oil and electricity transmission and natural gas pipelines as well as licensing for hydropower projects.

Environmentalists expressed caution because of her previous work, but West Virginia’s oil and gas industry along with the Senate committee’s top Republican voiced support for See’s nomination.

In 2022, See represented the West Virginia-led coalition of Republican states challenging the federal Environmental Protection Agency’s authority to regulate greenhouse gas emissions. In a 6-3 decision, the Supreme Court ruled in favor of the states, concluding that the EPA lacked the authority to impose regulations that would require power plants to shift to cleaner energy sources to reduce carbon emissions.

During the hearing, Sen. Mazie Hirono, D-Hawaii, questioned See over the extent of FERC’s powers, citing the Supreme Court case.

“How precise do you think Congress needs to be in delegating authority to agencies, for example, do you think FERC has the authority to consider the carbon pollution impacts of energy infrastructure despite that not being explicitly mentioned in its authorizing statute,” Hirono asked.

See said she was an “advocate for the state of West Virginia” in that case and understood that serving as a member of the commission would be a different role that would require her to act impartially.

“As I have said, my philosophy would be to follow the law and I would be looking in these areas to see what exactly has Congress delegated and tasked FERC with doing,” See said. “I’d be looking for that best interpretation consistent with governing precedent.”

The committee also considered Biden’s two Democratic nominees: David Rosner, a FERC energy industry analyst, and Judy Chung, a former undersecretary of energy and climate solutions for Massachusetts.

Unlike the other two nominees, See doesn’t come from an energy background. However, her focus in regulatory and administrative law has allowed her to argue against environmental regulations in two significant cases as solicitor general.

In addition to the greenhouse gas cases, last year, she defended the West Virginia Department of Environmental Protection in a lawsuit challenging the agency’s approval of a key water permit for the controversial Mountain Valley Pipeline. A federal appeals court ruled against the DEP, finding the agency’s justification to grant the permit was “deficient.”

“Thanks to West Virginia’s economic and power generation interests, energy matters have been front and center on my docket since day one on the job,” See told the committee in her opening statement.

West Virginia relies on federal regulators, including FERC, to push for progressive energy policies, said Linda Frame, legislative chair of the West Virginia Environmental Council.

“While we hope that all of President Biden’s appointees will use their position to help ensure a rapid departure from our reliance on fossil fuels, Ms. See’s past alliances are concerning,” she said in an email.

Jim Kotcon, chair of the West Virginia chapter of the Sierra Club, criticized FERC in an email, saying the agency needs to “actually regulate the fossil fuel industry.”

“As the nominees move through the Senate confirmation process, we will be watching for these candidates to commit to weighing climate, environmental justice, health, and consumer cost impacts heavily in any decision they make,” he said.

See’s nomination was recommended by Senate Minority Leader Mitch McConnell, R-KY, and, if appointed, will fill the open Republican slot on the commission. By law, the five-person commission can’t have more than three members from the same political party.

Before the hearing, the top Republican on the Senate committee, Sen. John Barrasso, R-Wyo., applauded See’s nomination.

“She is well positioned to ensure that FERC faithfully adheres to its mission of supporting the abundant supply of American natural gas and electricity,” Barrasso said in a statement.

Charlie Burd, executive director of the Gas and Oil Association of West Virginia, also voiced support for her nomination.

“See’s career as an advocate for affordable and reliable energy positions her as a strong candidate to advance FERC’s mission as the independent agency plays an essential role in ensuring reliable, affordable energy access,” Burd said in an email.

This West Virginia official worked to limit the power of federal environmental regulators. Now President Biden is making her a federal environmental regulator appeared first on Mountain State Spotlight , West Virginia's civic newsroom.