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Taylor McKinnon, Center for Biological Diversity, (801) 300-2414, tmckinnon@biologicaldiversity.
Erik Schlenker-Goodrich, Western Environmental Law Center, (575) 613-4197, eriksg@westernlaw.org
Brittany Miller, Friends of the Earth, (202) 222-0746, bmiller@foe.org
Jeremy Nichols, WildEarth Guardians, (303) 437-7663, jnichols@wildearthguardians.
Lori Harrison, Waterkeeper Alliance, (703) 216-8565, lharrison@waterkeeper.org
Dan Ritzman, Sierra Club, (206) 573-5451, dan.ritzman@sierraclub.org
More than 360 climate, tribal, religious and conservation groups petitioned the Biden administration today to use its executive authority to phase out oil and gas production on public lands and oceans.
The petition provides a framework to manage a decline of oil and gas production to near zero by 2035 through rulemaking, using long-dormant provisions of the Mineral Leasing Act, Outer Continental Shelf Lands Act and the National Emergencies Act. Without such action, it will become increasingly difficult for the United States to meet its pledge to help avoid 1.5 degrees Celsius of warming and its unprecedented social, environmental and economic damage.
The petition offers a way to correct the Biden administration's collapse of climate leadership, including a failing legislative agenda and Biden's broken campaign promise to end new oil and gas leasing and drilling on public lands and oceans.
Several analyses show that climate pollution from the world's already-producing fossil fuel developments, if fully developed, would push warming past 1.5 degrees Celsius, and that avoiding such warming requires ending new investment in fossil fuel projects.
At November's COP26 summit in Glasgow, Biden called climate change "an existential threat to human existence" and pledged to cut U.S. emissions by up to 51% over the next nine years. Days later the administration offered 80 million acres in the Gulf of Mexico for oil and gas leasing, and it plans to offer more than 300,000 acres of public lands leases in March.
The Department of the Interior's review of the federal oil and gas programs effectively ignored climate, calling instead for adjustments to royalties, bids and bonding.
Meanwhile, the administration has continued to approve drilling permits onshore at a rate that outpaces the Trump administration, with more than 3,500 permits approved since taking office.
Federal fossil fuel production causes nearly a quarter of U.S. greenhouse gas pollution, worsening the climate and extinction crises and disproportionately harming Black, Brown, Indigenous and low-wealth communities.
Quotes from Petitioners
"This petition offers a lifeline for our planet and a course correction for the Biden administration's catastrophic failure of climate leadership," said Taylor McKinnon with the Center for Biological Diversity. "The natural place to start phasing out climate-destroying oil and gas production is on our public lands and oceans, and Biden has the authority to do so. If the U.S. leads, the world will follow. Biden must keep his promise to end federal oil and gas extraction."
"It's time to open new doors to a thriving, resilient future for our Western U.S. public lands and communities," said Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center. "This petition does just that by winding down a cause of the climate crisis: a federal public lands fossil fuels program that serves the interests of oil and gas CEOs and investors, not the public good. We urge the Biden administration to accept the petition and move forward with swift action to protect the climate and public lands."
"At this time in history, according to Anishinaabe prophecies, people have a choice between a well-worn, scorched path and one that is new and green," said Winona LaDuke, executive director for Honor the Earth. "By all measures of science, spirit and humanity, it is incumbent upon you, President Biden and Secretary Haaland, to deliver on your promises to forge that safer path, ending fossil production on public lands and waters. We worked hard to help you gain office, and you abandoned us on Line 3; here is another significant opportunity to do the right thing. Here at White Earth we are celebrating the end of the fossil era, practicing our sustainable traditions and building the new green economy. We welcome you to come see how it's done."
"Last year over 132 million Americans experienced a climate-related disaster, with extreme weather costing over $145 billion in damage and leading to more than 688 lives lost," said Nicole Ghio, senior fossil fuels program manager at Friends of the Earth. "We cannot fight climate change while ignoring the fact that nearly a quarter of U.S. climate emissions come from fossil fuel extraction on public lands. It's time for President Biden to become the climate leader he claims to be and phase out fossil fuel extraction on public lands and waters."
"This petition simply calls on President Biden to exercise the climate leadership he's already promised this country," said Jeremy Nichols, climate and energy program director for WildEarth Guardians. "We can't confront the climate crisis unless and until we start keeping fossil fuels in the ground; it's time for the president to acknowledge and take action on this reality."
"Fossil fuel extraction on public lands and waters must end or it will only intensify the already devastating impacts to our climate and waterways," said Marc Yaggi, executive director of Waterkeeper Alliance. "Indigenous and underserved communities disproportionately bear the brunt of these impacts that result from long-standing federal policies that have favored industry over public interest. It's time the Biden administration keeps its promises and uses its position of power to be a climate leader that stems the tide of fossil fuel dependence."
"Oil and gas extraction is an environmental justice issue, continuing centuries' old exploitation and assaults on our Appalachian Ohio communities while greatly contributing to the climate crisis," said Roxanne Groff of Athens County's Future Action Network. "Our region is ripe for new technologies and innovative, cost-effective clean energy to protect our air, water, forests, and climate and improve public health and our quality of life. Appalachian Ohio's Wayne National Forest can play a huge role in protecting climate. Drilling and logging it do not serve the public good and must cease. This proposed phase-out is the least the Biden administration can do toward that end."
"Right now, fossil fuel extraction on public lands and waters make up a quarter of our greenhouse gas emissions -- at a time scientists are saying we must move urgently to cut emissions by at least half," said Dan Ritzman, director of Sierra Club's Lands, Water, Wildlife program. "Not only does it devastate our planet, it's a handout to Big Oil at the expense of average Americans, who will bear the brunt of its societal, health, and financial ramifications. We urge the Biden Administration to take advantage of this historic opportunity to make good on campaign promises, fulfill a global commitment to acting on climate, and serve American communities by accepting this petition and phasing out oil and gas production on public lands and oceans."
List of Petitioners
Center for Biological Diversity, A Community Voice, Action for the Climate Emergency (ACE), Alaska's Big Village Network, Alianza Americas, Allamakee County Protectors - Education Campaign, Alliance for Water Justice in Palestine, American Federation of Government Employees Local 704, Animals Are Sentient Beings, Inc., Animas Valley Institute, Anthropocene Alliance, Athens County's Future Action Network, Austin Climate Coalition, Baltimore, MD Phil Berrigan Memorial Chapter Veterans For Peace, Battle Creek Alliance & Defiance Canyon Raptor Rescue, Bay Area-System Change not Climate Change, Berks Gas Truth, Better Path Coalition, Beyond Extreme Energy (BXE), Biodiversity for a Livable Climate, Black Warrior Riverkeeper, Bold Alliance, Breathe Project, Brian Setzler CPA Firm LLC, Bronx Climate Justice North, Bronx Jews for Climate Action, Bucks Environmental Action, CA Businesses for a Livable Climate, Cahaba Riverkeeper, California Democratic Party Environmental Caucus, California Nurses Association, Californians for Western Wilderness, Canton Residents for a Sustain, Canton Residents for a Sustainable, Equitable Future, Cape Downwinders, Carolina Biodiesel, LLC, Carrizo Comecrudo Tribe of Texas, Catholic Network US, Catskill Mountainkeeper, Center For Ecological Living and Learning (CELL), Center for Environmental Health, Center for International Environmental Law, Central California Environmental Justice Network, Central Jersey Coalition Against Endless War, CERBAT: Center for Environmentally Recycled Building Alternatives, Chaco Alliance, Christians For The Mountains, Church women United in New York State, Citizens Climate Lobby, LA West Chapter, Citizens for a Healthy Community, Citizens' Climate Lobby, Columbia County Chapter, Ciudadanos Del Karso, Clean Energy Action, CLEO Institute, Cleveland Owns, Climable.org, Climate Action Now Western Mass., Climate Action Rhode Island - 350, Climate Crisis Policy, Climate Defense Project, Climate Finance Action, Climate First!, Inc., Climate Hawks Vote, Climate Justice Alliance, Climate Reality Project, New Orleans Chapter, ClimateMama, Coalition Against Death Alley, Coalition Against Pilgrim Pipeline - NJ, Coalition for Outreach, Policy and Education, Coalition to Protect America's National Parks, Common Ground Community Trust, Communities for a Better Environment, Community Church of New York, Community for Sustainable Energy, Community Health, Concerned Health Professionals of New York, Conejo Climate Coalition, Conservation Council For Hawaii, Cooperative Energy Futures, Corvallis Climate Action Alliance, Corvallis Interfaith Climate Justice Committee, Cottonwood Environmental Law Center, Dayenu: A Jewish Call to Climate Action, DC Environmental Network, Divest LA, Don't Gas the Meadowlands Coalition, Don't Waste Arizona, Dryden Resource Awareness Coalition, Earth Action, Inc., Earth Day Initiative, Earth Ethics, Inc., EARTHDAY.ORG. Earthworks, Eco-Eating, Eco-Justice Collaborative, EcoEquity, Elders Climate Action, Electrify Corvallis, Empower our Future - Colorado, End Climate Silence, Endangered Habitats League, Environmental Action Committee of West Marin, Environmental Justice Ministry, Extinction Rebellion Boston, Extinction Rebellion San Francisco Bay Area, Fairbanks Climate Action Coalition, First Wednesdays San Leandro, FLOW (For Love of Water), Food & Water Watch, Fossil Free California, Frac Sand Sentinel: Project Outreach, FrackBusters NY, FracTracker Alliance, Franciscan Action Network, FreshWater Accountability Project, Fridays for Future U.S., Friends For Environmental Justice, Friends of the Bitterroot, Friends of the Earth, Fund for Wild Nature, Gas Free Seneca, George Mason University Center for Climate Change Communication, Georgia Conservation Voters, Global Warming Education Network (GWEN), Global Witness, Golden Egg Permaculture, Grassroots Coalition, Grassroots Environmental Education, Grassroots Global Justice Alliance, Grays Harbor Audubon Society, Great Egg Harbor Watershed Association, Great Old Broads for Wilderness, Greater New Orleans Interfaith Climate Coalition, Green America, Green New Deal Virginia, Green Newton Inc., Green River Action Network, Greenbelt Climate Action Network, GreenFaith, Gulf Coast Center for Law & Policy, Heal the Bay, HealthyPlanet, Heartwood, Heirs To Our Oceans, High Country Conservation Advocates, Hilton Head for Peace, Honor the Earth, Howling For Wolves, Hudson River Sloop Clearwater, I-70 Citizens Advisory Group, In the Shadow of the Wolf, Indian Point Safe Energy Coalition, Indigenous Environmental Network, Indigenous Peoples of the Coastal Bend, Indivisible Ambassadors, Indivisible San Jose, inNative - Business Management Consulting, Inspiration of Sedona, Institute for Policy Studies Climate Policy Program, Interfaith EarthKeepers, Interfaith Earthkeepers Eugene/Springfield Oregon, International Marine Mammal Project of Earth Island Institute, Jewish Climate Action Network, Justice & Beyond Louisiana, Karankawa Kadla, Kentucky Conservation Committee, Klamath Forest Alliance, KyotoUSA, LaPlaca and Associates LLC, L'eau Est La Vie Camp, Let There Be Light International, Liberty Tree Foundation for the Democratic Revolution. Living Rivers & Colorado Riverkeeper, LLCv, Long Beach Alliance for Clean Energy, Los Padres ForestWatch, Louisiana League of Conscious Voters, Love Wild Horses(r) 501c3, Lutherans Restoring Creation, Malach Consulting. Maryland Ornithological Society, Mass Peace Action, Massachusetts Forest Watch, Media Alliance, Michigan Interfaith Power & Light, Mid-Missouri Peaceworks, Milwaukee Riverkeeper, Mission Blue, Montana Environmental Information Center, Montbello Neighborhood Improvement Association, Mountain Progressives Frazier Park CA, Movement Rights, Movement Training Network, Nature Coast Conservation, Inc., NC Climate Justice, Ndn Bayou Food Forest, New Energy Economy, New Mexico Climate Justice, New Mexico Environmental Law Center, NJ State Industrial Union Council, North American Climate, Conservation and Environment, North Bronx Racial Justice, North Carolina Council of Churches, North County Earth Action, North Range Concerned Citizens, Northern Michigan Environmental Action Council, NY4WHALES, NYC Friends of Clearwater, Oasis Earth, Occupy Bergen County (New Jersey), Ocean Conservation Research, Oceanic Preservation Society, Ogeechee Riverkeeper, Oil and Gas Action Network, Oil Change International, Operation HomeCare, Inc., Our Revolution, Our Revolution Massachusetts (ORMA), Partnership for Policy Integrity, PeaceWorks of Greater Brunswick, Peak Plastic Foundation, Pelican Media, People for a Healthy Environment, People's Justice Council/Alabama Interfaith Power and Light, Peoples Climate Movement - NY, Physicians for Social Responsibility, Physicians for Social Responsibility Arizona, Physicians for Social Responsibility Pennsylvania, PlasticFreeRestaurants.org, Port Arthur Community Action Network, Presente.org, Preserve Giles County, Preserve Montgomery County VA, Progressive Democrats of America, Project Coyote, Protect Our Water AZ, Public Citizen, Public Lands Project, Rachel Carson Council, Raptors Are The Solution, RATT Pack, RE Sources, Reconstructionist Rabbinical Association, Renewable Energy Long Island, Resource Renewal Institute, Rio Grande International Study Center, RootsAction, Samuel Lawrence Foundation, San Bernardino Valley Audubon Society, San Francisco Bay Physicians for Social Responsibility, Sane Energy Project, Santa Barbara Standing Rock Coalition, Santa Barbara Urban Creeks Council, Santa Cruz Climate Action Network, Santa Fe Forest Coalition, Save Our Illinois Land, Save The Colorado, SAVE THE FROGS!, Save the Pine Bush, SD350, Seaside Sustainability.org, SEE-LA (Social Eco Education-LA), Seeding Sovereignty, Seneca Lake Guardian, Sequoia ForestKeeper(r), Sevier Citizens for Clean Air & Water Inc., Sierra Club, Sisters of Mercy of the Americas Justice Team, Sisters of St. Francis of Philadelphia, SoCal 350 Climate Action, Social Justice Commission (Episcopal Diocese of Western MA), Society of Fearless Grandmothers-Santa Barbara, Solar Wind Works, SOMA Action, South Asian Fund For Education Scholarship and Training Inc (SAFEST), South Dakota Chapter of the Sierra Club, South Florida Wildlands Association, Southwest Native Cultures, Spottswoode Winery, Inc., Stand.earth, Stop SPOT & Gulflink, Sunflower Alliance, Sunrise LA, Susanne Moser Research & Consulting, Syracuse Cultural Workers, System Change Not Climate Change, Tennessee Riverkeeper, Terra Advocati, The Climate Mobilization North Jersey, The Consoria, The Earth Bill Network, The Enviro Show, The Green House Connection Center, The Oakland Institute, The People's Justice Council, The Quantum Institute, The Rewilding Institute, The River Project, To Nizhoni Ani, Transition Sebastopol, Tualatin Riverkeepers, Turtle Island Restoration Network, Unitarian Universalist Association, Unitarian Universalists for a Just Economic Community, Unite North Metro Denver, United for Action, United For Clean Energy, United University Professions, Upper Gila Watershed Alliance, Upper Peninsula Environmental Coalition, Upper West Side Recycling, Utah Physicians for a Healthy Environment, UU Fellowship of Corvallis Climate Action Team, V & T Ventures, LLC, Vanderbilt dba Greenvest, Vegan Flag, Verdedenver, Vermont Yankee, Decommissioning Alliance, Veterans For Climate Justice, Volusia Climate Action, Vote Climate, Wall of Women, Wasatch Clean Air Coalition, Washington Physicians for Social Responsibility, WATCH, INC., Watchdogs of Southeastern PA (WaSEPA), Waterkeeper Alliance, WESPAC Foundation, Inc., West 80s Neighborhood Association, West Berkeley Alliance for Clean Air and Safe Jobs, West Dryden Residents Against the Pipeline, Western Environmental Law Center, Western Nebraska Resources Council, White Rabbit Grove RDNA, Wild Nature Institute, Wild Watershed, WildEarth Guardians, Wilderness Workshop, Women's Earth and Climate Action Network, Women's March Santa Barbara, Womxn from the Mountain, SafeEnergyAnalyst.org, Zero Hour, 198 Methods, 1st United Methodist Church Corvallis OR Environmental Care Team, 350 Butte County, 350 Chicago, 350 Colorado, 350 Conejo / San Fernando Valley, 350 Hawaii, 350 Humboldt, 350 Kishwaukee, 350 Marin, 350 New Hampshire, 350 New Orleans, 350 Pensacola, 350 Seattle, 350 Silicon Valley, 350 Tacoma, 350 Triangle, 7 Directions of Service
Background
Peer-reviewed science estimates that a nationwide federal fossil fuel leasing ban would reduce carbon emissions by 280 million tons per year, ranking it among the most ambitious federal climate policy proposals in recent years.
Oil, gas and coal extraction uses mines, well pads, gas lines, roads and other infrastructure that destroys habitat for wildlife, including threatened and endangered species. Oil spills and other harms from offshore drilling have done immense damage to ocean wildlife and coastal communities. Fracking and mining also pollute watersheds and waterways that provide drinking water to millions of people.
Federal fossil fuels that have not been leased to the industry contain up to 450 billion tons of potential climate pollution; those already leased to industry contain up to 43 billion tons.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252A 17-year-old plaintiff commended the federal lawmakers for "using their voices to weigh in on the importance of our rights to access justice and to a livable climate."
Dozens of members of Congress on Monday submitted an amicus brief to the U.S. Supreme Court supporting 21 youth plaintiffs who launched a historic constitutional climate case against the federal government nearly a decade ago.
Since Juliana v. United States was first filed in the District of Oregon in August 2015, the Obama, Trump, and Biden administrations have fought against it. Last May, a panel of three judges appointed to the 9th Circuit Court of Appeals by President-elect Donald Trump granted a request by President Joe Biden's Department of Justice to dismiss the case.
After the U.S. Supreme Court in November denied the youth plaintiffs' initial request for intervention regarding the panel's decision, their attorneys filed a different type of petition last month. As Our Children's Trust, which represents the 21 young people, explains on its website, they argued to the justices that federal courts are empowered by the U.S. Constitution and the Declaratory Judgment Act (DJA) "to resolve active disputes between citizens and their government when citizens are being personally injured by government policies, even if the relief is limited to a declaration of individual rights and government wrongs."
The Monday filing from seven U.S. senators and 36 members of the House of Representatives argues to the nation's top court that "the 9th Circuit's dismissal of the petitioners' constitutional suit for declaratory relief has no basis in law and threatens to undermine the Declaratory Judgment Act, one of the most consequential remedial statutes that Congress has ever enacted."
The Supreme Court "should grant the petition to clarify that declaratory relief under the DJA satisfies the Article III redressability requirement," wrote the federal lawmakers, led by Sen. Jeff Merkley (D-Ore.) and Rep. Jan Schakowsky (D-Ill.). "Doing so is necessary because Congress expressly authorized declaratory relief 'whether or not further relief is or could be sought.'"
"The 9th Circuit's jurisdictional holding, which prevented the district court from even reaching the question whether declaratory relief would be appropriate, conflicts with this court's holding that the DJA is constitutional," the lawmakers continued. "It also conflicts with this court's holding that Article III courts may not limit DJA relief to cases where an injunction would be appropriate."
In a Monday statement, Juliana's youngest plaintiff, 17-year-old Levi D., welcomed the support from the 43 members of Congress—including Sens. Ed Markey (D-Mass.) and Bernie Sanders (I-Vt.) as well as Reps. Pramila Jayapal (D-Wash.), Ro Khanna (D-Calif.), Alexandria Ocasio-Cortez (D-N.Y.), Ilhan Omar (D-Minn.), Jamie Raskin (D-Md.), and Rashida Tlaib (D-Mich.).
"After 10 years of delay, I have spent more than half of my life as a plaintiff fighting for my fundamental rights to a safe climate. Yet, the courthouse doors are still closed to us," said Levi. "Five years ago, members of Congress stood by me and my co-plaintiffs on the steps of the Supreme Court. Today, as the climate crisis worsens and hurricanes ravage my home state of Florida, they are still with us, using their voices to weigh in on the importance of our rights to access justice and to a livable climate."
"The recent win in Held v. State of Montana and historic settlement in Navahine v. Hawaii Department of Transportation showed the world that young people's voices, my voice, and legal action are not just symbolic, but they hold governments accountable to protect our constitutional rights," Levi added. "Now, it's our turn to be heard!"
The lawmakers weren't alone in formally supporting the young climate advocates on Monday. Public Justice and the Montana Trial Lawyers Association filed another brief that takes aim at the government's use of mandamus—a court order directing a lower entity to perform official duties—to deny the Juliana youth a trial.
"The government's sole argument to justify mandamus is the Department of Justice's past and anticipated future litigation expenses associated with going to trial. That argument is firmly foreclosed by precedent," the groups argued. "And even if it wasn't foreclosed by precedent, the argument trivializes the extraordinary nature of mandamus and would improperly circumvent the final judgment rule."
The organizations urged the high court to grant certiorari to uphold the mandamus standard set out in Cheney v. United States District Court for the District of Columbia in 2004. Plaintiff Miko V. said Monday that "I'm incredibly grateful to Public Justice and the Montana Trial Lawyers Association for standing with us in our fight for justice."
"We're not asking for special treatment; we're demanding the right to access justice, as our constitutional democracy guarantees," Miko stressed. "The recent victory in Held v. State of Montana demonstrates the power of youth-led legal action, and the urgent need for courts to recognize that our generation has the right to hold our government accountable. Every day that the government prevents us from presenting our case, we all lose more ground in the fight for a livable future. It's time for the judiciary to open the courthouse doors and allow us a fair trial."
The briefs came just a week before Big Oil-backed Trump's second inauguration and on the same day that the U.S. Supreme Court rejected attempts by fossil fuel giants to quash a Hawaiian municipality's lawsuit that aims to hold the climate polluters accountable, in line with justices' previous decisions. Dozens of U.S. state and local governments have filed similar suits.
"It's outrageous that Trump and House Republicans are threatening to withhold recovery aid if their conditions aren't met," said a leader in the Working Families Party.
The deputy national director of the Working Families Party had sharp words for a group of House Republicans and President-elect Donald Trump, who, according to Politicoreporting published Monday, discussed tying fire relief for California to the politically charged issue of increasing the debt ceiling.
The reporting comes as California continues to battle fires in the Los Angeles area that have consumed tens of thousands of acres and left over 20 people dead. The scale of the destruction could make them, collectively, the costliest wildfire disaster in U.S. history, a climate scientist told the Los Angeles Times last week.
"The Palisades wildfires have destroyed homes, schools, and businesses and left thousands of families without a roof over their heads. It's outrageous that Trump and House Republicans are threatening to withhold recovery aid if their conditions aren't met," said Working Families Party deputy national director Joe Dinkin in a statement Monday.
"Every Republican should be on the record denouncing this abominable plan," he added.
Per Politico, nearly two dozen House Republicans attended a dinner at Trump's Mar-a-Lago Club over the weekend where the option was discussed.
Speaker Mike Johnson (R-Fla.), who was not a part of the conversation but did later confirm the conversation, must deal with the looming debt cliff, which is set to be reached sometime in mid-January, and he faces obstacles within his own party. In December, fractures appeared in the GOP when fiscal hawks refused to back legislation that Trump supported that would have raised the debt limit.
Johnson has also said he would try to lift the debt limit by including it in a reconciliation bill full of President-elect Donald Trump's legislative priorities, though this could run afoul with those same fiscal hawks. Some House Republicans reportedly brought up the pitfalls of this option during discussions at Mar-a-Lago over the weekend.
Of the potential move to link fire relief to the debt ceiling, Politico reported: "The Sunday night discussions prove Republicans are desperately looking for a plan before the nation is due to exhaust its borrowing authority—though Democrats and some Republicans are sure to balk at the prospect of linking disaster relief dollars to a politically charged exercise like extending the debt limit."
Congress recently passed a spending bill that included funding for natural disaster relief, but scope of the destruction in California has some officials wondering if more may be needed, Politico reports.
"Defeating the MAGA movement does not require clever theories, it requires the hard work of opposition on behalf of the millions who will suffer at the hands of Trump's corporate Cabinet."
The government watchdog group Revolving Door Project on Monday denounced Democratic lawmakers for the "perfunctory resistance" with which they appear to be preparing for confirmation hearings on President-elect Donald Trump's nominees to lead federal agencies, saying some in the party's upper ranks appear willing to allow far-right appointees to sail to top government positions without facing a true opposition party.
As Sen. Brian Schatz (D-Hawaii) toldNOTUS on Monday, some of Trump's nominees are "objectionable," but others "are going to get bipartisan support."
Jeff Hauser, executive director of Revolving Door Project (RDP), acknowledged that with Republicans now holding 53 seats in the Senate and the Democratic Party holding 45, "Democrats do not have the votes to kill any of these nominations."
"But they do have the ability to begin drawing attention to the cronyism that will inevitably appear from within the Trump administration. Contrary to the party's current position, being able to say 'I told you so' is helpful to future success," said Hauser.
Democrats aren't ensuring they'll have the ability to say that, Hauser warned, as they signal little resistance "to the few Trump nominees so brazenly offputting that they draw nearly uniform skepticism."
"For all the Trump nominees not accused of killing a dog or committing heinous crimes, Democrats do not seem poised to offer even a whisper of resistance, no matter how unqualified," said Hauser.
"Democrats must find their inner populists and fight at all times, even in battles that they will almost certainly lose."
Senate Minority Leader Chuck Schumer (D-N.Y.) held a meeting Monday with Democrats on the Senate Armed Services Committee to discuss the upcoming questioning of defense secretary nominee Pete Hegseth this week, saying his upcoming confirmation hearing on Tuesday will provide the party an opportunity to attack the GOP's "brand." Hegseth has been accused of sexual assault, which he has denied.
But the party has not called attention to problems with nominees like Scott Bessent, Trump's treasury secretary nominee, or Chris Wright, the fracking CEO who has denied the climate emergency and whom Trump picked to run the Department of Energy (DOE).
"Senate Democrats have failed to question how Scott Bessent's experience of running a second-tier hedge fund with declining assets under management qualifies him to hold one of the most powerful economic policymaking in the world," said Hauser. "Or how Chris Wright's experience as an unhinged plutocrat out of touch with scientific reality would qualify him to manage some of the world's most important laboratories."
Sen. Cory Booker (D-N.J.) told NOTUS that Democrats are prepared to use the confirmation hearings to answer the question: "Are they fighting for Americans, or are they going to fight for the kind of cronyism politics that's really hurt this place?"
"I want to support nominees that are going to really fight for the American people, not fight for special interests, not fight for rich people, not fight to take away our freedoms," he told NOTUS.
But with nominees like hedge fund manager Bessent, former corporate lobbyist Pam Bondi for attorney general, cryptocurrency promoter Howard Lutnick for commerce secretary, and Medicare Advantage proponent Mehmet Oz to head the Centers for Medicare and Medicaid Services, Hauser said Democrats shouldn't act as though the nominees' conflicts of interest and loyalty to the wealthy are a question.
"Every senior Trump administration official will have the discretion to exercise presidential authority on behalf of corporate interests in ways that will hurt ordinary Americans. Workers, consumers, breathers of air—every typical American is at risk from the most corporate captured set of nominees in American history," said Hauser. "Democrats should be telling this story now, not only to raise alarms ahead of the inauguration, but to be able to tell a compelling story about what went wrong and why when things inevitably decline across so many critical fronts in the next few years."
Instead, Booker told NOTUS that the party is "not looking to make this partisanship or tribalism."
Sen. John Fetterman (D-Pa.), for his part, met with Trump at Mar-a-Lago and told NOTUS his plan going into confirmation hearings is "to listen." He has expressed support for secretary of state nominee Marco Rubioubio, United Nations ambassador nominee Elisa StefanikStefanik, and transportation secretary nominee Sean Duffy.
"Senate Democrats are seeking strategic retreat wherever possible, convinced that 'opposition' is a bad strategy for the opposition party," Hauser warned.
In a post at RDP's Substack newsletter, research assistant KJ Boyle wrote that the problem with Booker and Fetterman's approach "is that Trump's picks are partisan, chosen for their loyalty both to him and the moneyed interests they'll ostensibly be tasked with overseeing. Now is not the time to sit back and listen. It's time to make a big stink about how unqualified and dangerous these nominees are, and explain how that will translate to real world consequences that harm everyday people."
The group plans to release suggested questions for Democrats to ask at each of the confirmation hearings in the coming days; Boyle started with Wright, interior secretary nominee Doug Burgum, and Office of Management and Budget director nominee Russell Vought.
He suggested senators ask Wright about his former company, trade association Western Energy Alliance, and its public comment opposing energy efficiency standards for gas stoves.
"The public comment erroneously claimed the DOE's rule was 'intended to ban new gas stoves and compel a transition to electric,' rather than a commonsense rule to reduce carbon dioxide emissions and save consumers money," Boyle wrote in a suggested question. "Moreover, are you aware that approximately 13% of childhood asthma cases can be attributed to nitrogen dioxide exposure from gas stoves? Do you believe the federal government has no role in protecting our children from exposure to these hazardous airborne pollutants?"
Boyle suggested senators ask Vought about his record of budget cuts that have harmed low-income families, and ask Burgum why he opposed a rule requiring coal plants to reduce mercury emissions, which are linked to heart attacks, cancer, and developmental delays in children.
"Why do you think that the coal industry should be given handouts and allowed to make people sick?" Boyle suggested senators ask.
Hauser said that Democrats' electoral defeat in November has left them "doubling down on an ostrich-like strategy of hiding their heads until Donald Trump goes away."
"But the MAGA movement will not go away on its own, it will have to be defeated," he said. "Defeating the MAGA movement does not require clever theories, it requires the hard work of opposition on behalf of the millions who will suffer at the hands of Trump's corporate Cabinet. Democrats must find their inner populists and fight at all times, even in battles that they will almost certainly lose."
"There is never a better opportunity to find an opposition's voice," he said, "than when a would-be populist president appoints a corporate-owned Cabinet."