Michael Dourson, chosen by President Trump to lead the EPA’s chemicals office, has withdrawn his nomination after Republican senators said they would join with Democrats to oppose him.
Dourson notified the Trump administration he was removing himself from consideration for the position on Wednesday.
Dourson faced trouble winning the votes he needed to be confirmed by the Senate, with even some Republicans saying they wouldn’t approve him because of his ties to the chemical industry.
North Carolina Republican Sens. Thom Tillis and Richard Burr began the push against his nomination last month by citing major chemical cleanup problems in their state that they believe he would not be qualified to handle. Sen. Susan Collins, R-Maine, also joined the opposition, putting a successful nomination vote in extreme doubt, especially with all Senate Democrats ready to vote against Dourson.
Dourson, a toxicologist and University of Cincinnati professor, founded a consulting group that represented companies that produced chemicals now under EPA review for their public health risks. In that role, he has recommended lower safety standards for chemicals than the norm proposed by agency regulators.
Even before he was confirmed, Dourson was already working at the EPA as a senior adviser to Administrator Scott Pruitt, to the consternation of many Democrats, who say that such a dynamic violates the law.
Watchdog groups American Oversight and the Environmental Working Group announced this month a joint investigation to determine if Dourson has violated ethics rules by advising the agency before being Senate confirmed.
In previous administrations, nominees have worked in advisory roles at federal agencies as they awaited confirmation.
But Senate Democrats have suggested Dourson’s advisory role at the EPA may violate the Federal Vacancies Reform Act.
The federal law prohibits most people who have been nominated to fill a vacant government position from doing that office’s duties in an acting capacity. It’s unclear if Dourson will continue to serve in his advisory role.
Environmental groups cheered Dourson withdrawing his nomination for the chemical office position, and said they expect him to resign his advisory duty.
“Michael Dourson epitomized putting the fox in charge of the hen house,” said Madeleine Foote of the League of Conservation Voters. “Dourson has spent his career downplaying the health risks of toxic chemicals to children, pregnant women, and other vulnerable communities. This is a victory for our communities over industry special interests, and we expect Dourson to completely resign all posts at the agency.”
