The U.S. Senate has officially confirmed David Fotouhi as the Deputy Administrator of the U.S. Environmental Protection Agency (EPA), following his nomination by President Donald J. Trump. Fotouhi’s appointment marks his return to the agency, where he previously served as Acting General Counsel during Trump’s first term.

EPA Administrator Lee Zeldin, who is leading the agency under the banner of the "Powering the Great American Comeback" initiative, praised the confirmation: “I am excited that David Fotouhi is returning to EPA to help us Power the Great American Comeback,” Zeldin said. “His experience and knowledge of the agency are vital to help advance our core mission of protecting human health and the environment.”

Fotouhi, an environmental attorney and former partner at Gibson, Dunn & Crutcher LLP, expressed gratitude for the opportunity. “I am honored and humbled to rejoin EPA. I pledge to work every day to advance President Trump’s and Administrator Zeldin’s ambitious agenda to protect our nation’s air, land, and water resources and to unleash our nation’s economic growth engine,” he said.

What the Critics Say

While industry leaders and Republican lawmakers welcomed the appointment, critics raised concerns about Fotouhi's industry ties and regulatory stance.

Senator Sheldon Whitehouse (D–RI) criticized the confirmation, calling Fotouhi’s previous legal defense of polluters “disqualifying.” “The corruption in this Administration is endless, and the service of David Fotouhi in the cause of the polluters who fund Trump and the Republican Party is, in my view, disqualifying,” he stated. Whitehouse emphasized that Fotouhi “has consistently been on the wrong side” of protecting “clean air, clean water and a safe climate.”

Environmental advocates also expressed concern. Robert Sussman, a former EPA Deputy Administrator, said: “I would not want him to come anywhere near EPA decision-making on the asbestos rule,” citing Fotouhi’s prior legal arguments against a ban on the substance. Critics from groups such as the Asbestos Disease Awareness Organization argue Fotouhi prioritizes “industry interests over environmental and public health protections.”

Watchdog groups have urged Fotouhi to recuse himself from EPA decisions that might involve former clients like Chevron and International Paper. While EPA officials say recusal protocols are in place, skeptics argue his deep industry connections pose a serious conflict of interest.

These concerns add to broader fears that the agency under Trump may pursue an aggressive deregulatory agenda, rolling back rules on greenhouse gas emissions, water quality, and hazardous chemicals.

Support from Republicans and Industry

Despite the criticism, Fotouhi received broad support from Republican senators. Senator James Lankford (R-OK) called him “a strong voice for common-sense leadership,” and Senator Cynthia Lummis (R-WY) hailed him as a “champion of commonsense environmental regulations.”

Industry leaders echoed that sentiment. Anne Bradbury of the American Exploration & Production Council said Fotouhi’s experience “will be invaluable as EPA works to unleash America’s energy dominance,” while Chet Thompson of the American Fuel & Petrochemical Manufacturers called him “uniquely qualified for the role.”

Fotouhi’s responsibilities as Deputy Administrator include oversight of the EPA’s key offices and regional branches, as well as coordinating with legal, enforcement, and budget teams.

A graduate of Vanderbilt University and Harvard Law School, Fotouhi has previously clerked for Judge Raymond Gruender on the U.S. Court of Appeals for the Eighth Circuit and brings years of legal experience to his new role.