Senate confirms No. 2 for Interior

Pick’s foes cited his corporate lobbying

In this March 29, 2017 file photo, Interior Secretary Ryan Zinke speaks at the Interior Department in Washington. The Senate is on track to confirm President Donald Trump's nominee for the No. 2 job at the Interior department over Democratic objections. David Bernhardt is a former lobbyist who once sued the department, hardly a fit with Trump's call to drain the swamp.
In this March 29, 2017 file photo, Interior Secretary Ryan Zinke speaks at the Interior Department in Washington. The Senate is on track to confirm President Donald Trump's nominee for the No. 2 job at the Interior department over Democratic objections. David Bernhardt is a former lobbyist who once sued the department, hardly a fit with Trump's call to drain the swamp.

WASHINGTON -- The Senate confirmed President Donald Trump's nominee for the No. 2 position at the Interior Department despite recent claims that he continued to advise a California water district even after he withdrew his formal registration as a lobbyist last year.

David Bernhardt's confirmation passed 53-43 largely along party lines.

Sens. Tom Cotton and John Boozman, both R-Ark., voted to confirm Bernhardt.

Sen. Lisa Murkowski, R-Alaska, called his selection "an excellent choice" because of "his extensive experience and knowledge of issues that are important to Alaskans and Western states." Other Republicans praised Bernhardt as an experienced complement to Interior Secretary Ryan Zinke, noting that Bernhardt was a lawyer and Interior Department official under President George W. Bush.

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Democrats called him a "walking conflict of interest" for representing corporate interests opposed to regulations that aim to help clean air and water.

The League of Conservation Voters and other environmental groups had urged senators to oppose Bernhardt's nomination, saying he has long lobbied for the oil and gas industry, mining companies and other businesses regulated by the Interior Department.

"Bernhardt's list of conflicts of interest is extensive and should disqualify him from this position," 150 groups said in a letter to senators in May.

His nomination flew in the face of Trump's pledge to "drain the swamp" in Washington of influence peddlers, said Sen. Maria Cantwell, D-Wash.

Cantwell and other critics said they were concerned over media reports that while Bernhardt was serving on the Trump transition team, he was also working for the Westlands Water District, the nation's largest irrigation district. Bernhardt's employer -- the Brownstein, Hyatt, Farber and Schreck law firm -- represented Westlands in four lawsuits against the Interior Department. There was no indication as to whether Bernhardt was paid for the work with Westlands, however.

The reports prompted a nonprofit group to ask the Justice Department to investigate whether Bernhardt violated the Lobbying Disclosure Act. Bernhardt's registration as a lobbyist was deactivated in November, but the nonprofit group, Campaign for Accountability, claimed to have evidence showing that he was still working on the water agency's behalf.

At a confirmation hearing in May, Bernhardt told Cantwell he would recuse himself from matters involving Westlands and other clients for at least a year, unless he receives authorization to do so.

"If I get a whiff of something coming my way that involves a client or former client for my firm, I'm going to ... run straight to the ethics office," Bernhardt said.

Cantwell was unimpressed.

"I remain concerned about his record on behalf of these corporations at the expense of the environment, his tenure at the Department of the Interior and many other challenges," she said on the Senate floor last week.

Interior Department spokesman Heather Swift said Zinke was "excited to have David Bernhardt, a highly qualified, veteran official, return to the department to help advance 'America First' policy priorities" set by Trump.

"Strongly worded press releases issued by special-interest groups alleging any wrongdoing are patently false and are desperate attempts to stop the progress that is being made at the department on behalf of the American people," Swift said.

Information for this article was contributed by Darryl Fears of The Washington Post; and by Matthew Daly of The Associated Press.

A Section on 07/25/2017

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