WASHINGTON — The former oil and gas lobbyist nominated to head the Interior Department declined on Thursday to commit to recusing himself from future regulatory decisions involving past clients, telling senators “you want to have your A quarterback on the team.”
David Bernhardt appeared before the Senate Energy and Natural Resources Committee, which was considering his nomination as Interior secretary. Bernhardt, a Washington veteran who has worked previously at Interior and more recently as a lobbyist, has been serving as the department’s acting secretary since Ryan Zinke resigned in December amid ethics allegations.
Sen. Ron Wyden, an Oregon Democrat, said Bernhardt’s past lobbying work for clients in energy, agriculture and other businesses made it impossible for the nominee to impartially decide a host of regulatory matters dealing with the public resources under Interior’s control.
“I think you are so conflicted,” Wyden said. “You’re either going to have to disqualify yourself from so many matters I don’t know how you’re going to spend your day” or violate ethical standards by not recusing himself from decisions on clients.
Asked by Sen. Joe Manchin, a West Virginia Democrat, if he would take himself out of regulatory dealings involving past clients when a one-year mandatory recusal period ends, Bernhardt pushed back.
“I have a really particular skillset” for the job, Bernhardt said. “I’m basically handcuffed if I am recusing myself. And I don’t think that really is the best strategy.”
“I’m actually pretty good at going up against these guys,” he said, referring to industry interests. “And I would say you want to have your A quarterback on the team.”
Sen. Cory Gardner, a Colorado Republican, defended Bernhardt, saying his past work for industries and previous stints as a senior staffer at Interior gave him valuable experience.
And Committee Chairwoman Lisa Murkowski said government ethics officials had approved Bernhardt’s plans for handling any conflicts of interest.
“He has proven his ability to head the department,” said Murkowski, an Alaska Republican.
Wyden also cited Interior documents recently made public under the federal Freedom of Information Act that he said showed Bernhardt’s agency suppressed internal findings about the harm that recent Interior decisions on pesticides would have on endangered species.
“You’ve meddled with the science, you’ve inserted yourself in the scientific process,” Wyden said.
Bernhardt responded that he made those decisions in accordance with advice from the department’s lawyers.
