by Max Brantley
Jeffrey Bossert Clark, a lawyer who has repeatedly challenged the scientific foundations of U.S. climate policy and was part of a legal team that represented BP in lawsuits stemming from the nation’s worst oil spill, the 2010 Deepwater Horizon disaster, was nominated by President Donald Trump on Tuesday [in June] to serve as the Justice Department’s top environmental lawyer.The Arkansas angle? Lee Rudofsky, the "solicitor general," or top litigator on the staff of Attorney General Leslie Rutledge, a dedicated foe of rules to protect air and water and public health, has written the Senate in support of Clark's confirmation. Here's the letter he signed with Dominic
Too often, federal regulators pay too little attention to our nation’s broad diversity of geography, ecology, and industry. When regulators stretch the statutes Congress enacted or fail to account for regional variation, it becomes our responsibility to bring challenges in court. In recent years, we have submitted comments and later led litigation over the Clean Power Plan, the 2015 national ambient air quality standard for ozone, and EPA’s novel interpretation of “critical habitat” under the Endangered Species Act. In each of these cases, we have encountered federal lawyers who are professional and courteous, but whose work reflects an institutional blind spot for the States.
We are convinced that Mr. Clark will return the Department to an appreciation of the States as co-regulators and co-equal sovereigns.