EPA Nominee David Fotouhi: A Threat to Public Health and Environmental Protections
Posted on February 28, 2025
On March 5, 2025, at 10:00 AM, the Senate Environment and Public Works (EPW) Committee will hold a hearing on the nominations of David Fotouhi as Deputy Administrator of the Environmental Protection Agency (EPA) and Aaron Szabo as Assistant Administrator for the Office of Air and Radiation. The hearing, expected to be contentious, will scrutinize Fotouhi’s record of defending corporate polluters and his opposition to the EPA’s asbestos ban.
Most recently, Fotouhi challenged the EPA’s asbestos ban, which aims to eliminate exposure to a deadly carcinogen responsible for nearly 40,000 Americans each year. In a legal brief for the Alliance for Automotive Innovation, an auto industry trade association, Fotouhi argued that the ‘EPA failed to demonstrate that chrysotile asbestos presents an unreasonable risk of injury.’”
This claim is categorically false. Asbestos exposure is a known cause of mesothelioma, asbestosis, and cancers of the lung, larynx, and ovaries. Scientific consensus confirms its severe health risks, yet Fotouhi continues to side with industry interests over public health.
A Career of Corporate Defense Over Public Protection
Fotouhi has a long history of prioritizing industry interests over environmental and public health protections. As a former EPA official in the first Trump administration, he played a key role in rolling back climate regulations and water protections. Since leaving the agency, he has worked at Gibson Dunn, representing companies accused of polluting drinking water, airways, and challenging environmental regulations.
His nomination is especially alarming given his recent attempt to weaken the EPA’s asbestos ban. Acting on behalf of the Alliance for Automotive Innovation, Fotouhi filed a legal brief seeking to delay asbestos regulations despite overwhelming evidence of its dangers.
More than 50 countries have banned asbestos, yet Fotouhi has aligned with corporate interests to delay worker and community protections.
A Familiar Face in Trump’s EPA
Fotouhi is no stranger to the EPA, having risen through the agency’s legal ranks to serve as Acting General Counsel during Trump’s first term. A Harvard Law graduate and former clerk for Judge Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit, Fotouhi later rejoined Gibson Dunn’s Washington, D.C. office, specializing in environmental litigation and mass torts.
Fotouhi’s nomination is part of a broader effort by the Trump administration to dismantle environmental safeguards. He joins a slate of industry-aligned EPA appointees, including:
Nancy Beck – Former lobbyist for the American Chemistry Council, known for downplaying toxic chemical risks.
Lynn Dekleva – Former American Chemistry Council and DuPont consultant, who has lobbied for weaker chemical safety regulations and delayed protections against known carcinogens.
Aaron Szabo – Worked with the American Petroleum Institute and contributed to Project 2025, which seeks to weaken environmental regulations.
These appointments indicate that under a second Trump administration, corporate polluters will take priority over public health and environmental safety. The swift removal of the EPA’s web page celebrating the asbestos ban —just hours after Trump’s inauguration—foreshadows a troubling rollback of protections.
What’s at Stake?
If confirmed, Fotouhi will shape policies affecting air quality, drinking water safety, climate change mitigation, and hazardous chemical regulation. His record suggests that he will weaken safeguards and undermine the very agency he is nominated to serve.
At his confirmation hearing, lawmakers must demand answers:
Will Fotouhi recuse himself from asbestos-related rulemaking and other issues where he has clear conflicts of interest?
Does he still claim that chrysotile asbestos does not present an unreasonable risk?
Given his history of defending corporate polluters, how can the public trust him to enforce regulations protecting health and the environment?
The stakes for public health and environmental protections have never been higher. Concerned citizens, health advocates, and environmental organizations must speak out against Fotouhi’s nomination.
The American people deserve EPA leaders committed to clean air, safe water, and a healthier future—not corporate lawyers with a history of undermining protections.
