A federal judge on Friday issued a temporary order that will require the Treasury Department to give former President TrumpDonald TrumpMcCarthy says he told Rep. Marjorie Taylor Greene he disagreed with her impeachment articles against Biden Biden, Trudeau agree to meet next month Trump planned to oust acting AG to overturn Georgia election results: report MORE‘s personal lawyers 72 hours notice before providing Trump’s tax returns to House Democrats.

Judge Trevor McFadden, a judge in federal district court in Washington, D.C., appointed by Trump, directed the Treasury Department and IRS to provide Trump’s personal lawyers with the three-days notice before providing the former president’s tax returns to the House Ways and Means Committee.

The order lasts until Feb. 5.

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McFadden announced the order at a teleconference held Friday.

The hearing had been requested by Trump’s lawyers in order to get clarity on how House Democrats’ lawsuit over their tax return request was going to proceed under the new administration.

Now that Trump is out of office, the Treasury is a part of the Biden administration, which must determine how it plans to address House Democrats’ request for Trump’s tax returns.

Trump’s lawyers expressed concerns that the Biden administration could provide House Democrats with Trump’s tax returns without giving them advance notice and a chance to have their claims heard.

James Gilligan, a lawyer for the Department of Justice (DOJ), which is representing Treasury and the IRS, said the department doesn’t know if the Biden administration has reached a decision yet on whether it will provide the requested tax returns to the Ways and Means Committee.

“This is only their second full day in office,” he said. 

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DOJ proposed that 72 hours notice be provided to Trump’s lawyers in the next two weeks to maintain the status quo in the case for a short period of time.

The Ways and Means Committee filed a lawsuit against Treasury and the IRS in 2019, after the agencies refused to comply with requests and subpoenas for Trump’s personal and business tax returns. 

Ways and Means Committee Chairman Richard NealRichard Edmund NealJudge says Treasury must give Trump 72 hours before releasing tax info to Democrats Trump’s lawyers seek clarity about how tax-return case will proceed following Biden inauguration IRS says start of tax filing season delayed until Feb. 12 MORE (D-Mass.) made the request under 6103 of the federal tax code, which states that the Treasury secretary “shall furnish” tax returns requested by the chairs of Congress’s tax committees. He has said the committee is interested in obtaining the documents because it is conducting oversight and considering legislation related to how the IRS enforces tax laws against a president. But the Trump administration argued that Neal’s request lacked a legitimate legislative purpose.

House counsel Douglas Letter said at Friday’s hearing that the Ways and Means Committee’s lawsuit is still live because the panel still wants to obtain Trump’s tax returns. He said that the request for Trump’s tax returns made under section 6103 did not expire when the new Congress began earlier this month, and that Neal has been authorized by the House’s rules package to reissue the subpoenas as necessary.

McFadden said he’s “very sympathetic” to Trump’s desire to have his day in court before Treasury provides any of the former president’s tax returns to Congress. He suggested that if Treasury decides that it intends to comply with House Democrats’ request, that he might enter an order that would require Trump’s lawyers to be provided notice before the documents could be turned over.

 

 

The Environmental Protection Agency (EPA) is asking the government to pump the brakes in its defense of Trump-era environmental rollbacks in court.

In a letter to the Department of Justice (DOJ) obtained by The Hill, EPA’s acting general counsel Melissa Hoffer asks government lawyers to hit pause on cases where the previous administration has been challenged by environmental groups.

“This will confirm my request on behalf of the U.S. Environmental Protection Agency (EPA) that the U.S. Department of Justice (DOJ) seek and obtain abeyances or stays of proceedings in pending litigation seeking judicial review of any EPA regulation promulgated between January 20, 2017, and January 20, 2021,” she writes.

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The move is a way for the Biden administration to disavow the Trump rollbacks, buying time as they signal that they plan to issue their own regulations.

The Trump administration scaled back more than 170 environmental regulations while in office, according to a tally from The Washington Post, easing regulations on vehicle emissions and methane leaks from the oil and gas industry, and limiting how the EPA weighs public health data.

In an executive order issued on his first day in office, Biden signaled that he intends to review at least 58 rollbacks that were promulgated under Trump.

Hoffer’s request references two recent orders from Biden, one ordering a review of existing environmental regulations, and another that freezes all Trump-era rules that have not yet taken effect.

The reversal of stance in court comes as Biden’s Department of Justice takes over a dizzying number of suits, with many rules facing multiple suits from both attorneys general and various environmental groups.

Some may have progressed too far to be likely to secure the abeyance the EPA now suggests.

“For a case where an abeyance or stay of proceedings is not feasible, we request that DOJ seek extensions of time that are of sufficient duration to allow this review,” Hoffer writes.

The White House announced Friday a sweeping interagency effort to root out domestic extremism following the storming of the U.S. Capitol earlier this month.

White House press secretary Jen PsakiJen PsakiBiden under pressure to deliver more COVID-19 shots Biden, Trudeau agree to meet next month Democrats seek answers on impact of Russian cyberattack on Justice Department, Courts MORE called the rise of domestic violent extremism a “serious and growing national security threat” and said President Biden’s administration “will confront this threat with the necessary resources and resolve.”

Biden has asked the Office of the Director of National Intelligence to develop a “comprehensive threat assessment” in coordination with the FBI and the Department of Homeland Security.

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“The key point here is that we want fact-based analysis on which we can base policies,” Psaki said. “So this is really the first step in the process, and we’ll rely on the appropriate law enforcement and intelligence officials to provide that analysis.”

Biden’s National Security Council (NSC) has been directed to undertake a review about how the government can better share information about potential domestic terror threats, deter radicalization and disrupt extremist networks.

The NSC will also lead a governmentwide effort to crack down on “evolving threats and radicalization,” with an eye on the role that social media plays in fomenting extremism.

Psaki linked the actions directly to the Jan. 6 assault on the Capitol by right-wing extremists seeking to stop the counting of the Electoral College vote.

There are concerns in some quarters that the riot will be used as justification to limit constitutionally protected political speech. The latest Harvard CAPS-Harris survey found that 60 percent of Americans said they were worried the siege on the Capitol would be used as an excuse to curb civil rights.

Psaki said the administration’s efforts would be done with “respect for constitutionally protected free speech and political activities.”

TGIF! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environmental news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

Signup for our newsletter and others HERE. 

FREEZE FRAME: The Environmental Protection Agency (EPA) is asking the government to pump the brakes in its defense of Trump-era environmental rollbacks in court.

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In a letter to the Department of Justice (DOJ) obtained by The Hill, EPA’s acting general counsel Melissa Hoffer asks government lawyers to hit pause on cases where the previous administration has been challenged by environmental groups.

“This will confirm my request on behalf of the U.S. Environmental Protection Agency (EPA) that the U.S. Department of Justice (DOJ) seek and obtain abeyances or stays of proceedings in pending litigation seeking judicial review of any EPA regulation promulgated between January 20, 2017, and January 20, 2021,” she writes.

The move is a way for the Biden administration to disavow the Trump rollbacks, buying time as they signal that they plan to issue their own regulations.

The Trump administration scaled back more than 170 environmental regulations while in office, according to a tally from The Washington Post, easing regulations on vehicle emissions and methane leaks from the oil and gas industry, and limiting how the EPA weighs public health data.

Hoffer’s request references two recent orders from Biden, one ordering a review of existing environmental regulations, and another that freezes all Trump-era rules that have not yet taken effect.

The reversal of stance in court comes as the Justice Department under Biden takes over a dizzying number of suits, with many rules facing multiple suits from both attorneys general and various environmental groups.

Some may have progressed too far to secure the immediate pause the EPA now wants.

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“For a case where an abeyance or stay of proceedings is not feasible, we request that DOJ seek extensions of time that are of sufficient duration to allow this review,” Hoffer writes.

Read more about the letter here.

 

TRYING TO MAKE THE MINE APPEALING: The company behind the controversial Pebble Mine in Alaska has appealed the government’s rejection of a permit for the proposed project.

In a statement on Thursday, the Pebble Limited Partnership said that it had recently submitted a request to appeal the Army Corps of Engineers’ decision last year.

In the statement, Pebble CEO John Shively argued that the conclusions reached in the department’s Record of Decision “are not supported by the record established in the Final Environmental Impact Statement for the project.”

He also argued that the government did not give due consideration to the company’s plan to mitigate issues that were raised, rejecting it just a few days after it was received. 

The company did not make a copy of the appeal available. 

The gold and copper mine is controversial due to its proposed location in Alaska’s Bristol Bay, home to the world’s largest sockeye salmon fishery. Among its opponents are environmentalists and the fishing industry. 

A reminder on the backstory: 

Under the Obama administration, the Environmental Protection Agency vetoed the project. That decision was reversed under the Trump administration. 

In a July impact statement, the government determined that the mine would not affect salmon harvests in the area, reversing an Obama-era determination that it would. Many believed that this determination would clear the path for the mine’s approval. 

However, after several prominent conservatives including Donald TrumpDonald TrumpMcCarthy says he told Rep. Marjorie Taylor Greene he disagreed with her impeachment articles against Biden Biden, Trudeau agree to meet next month Trump planned to oust acting AG to overturn Georgia election results: report MORE Jr. and Fox News host Tucker CarlsonTucker CarlsonOVERNIGHT ENERGY: Biden EPA asks Justice Dept. to pause defense of Trump-era rules | Company appeals rejection of Pebble Mine | Energy pick Granholm to get hearing Wednesday Company appeals rejection of controversial Pebble Mine  McConnell faces conservative backlash over Trump criticism MORE came out against the mine, the Army Corps required Pebble to submit a plan to mitigate impacts such as discharges into wetlands, waters and streams.

The agency said it would review the plan to decide if it was “sufficient to offset the identified unavoidable adverse impacts to aquatic resources and overcome significant degradation at the mine site.”

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Ultimately, the Corps said it “determined that the applicant’s plan for the discharge of fill material does not comply with Clean Water Act guidelines and concluded that the proposed project is contrary to the public interest.”

Read more about the appeal here.

 

SEE YOU SOON: The Senate will consider President Biden’s nomination of former Michigan Gov. Jennifer GranholmJennifer GranholmOVERNIGHT ENERGY: Biden EPA asks DOJ to hit pause on defense of Trump-era rules | Company appeals rejection of controversial Pebble Mine | Nomination hearing for Biden Energy pick Granholm set for Wednesday Nomination hearing for Biden Energy pick Granholm set for Wednesday Record number of women to serve in Biden Cabinet MORE (D) to lead the Energy Department on Wednesday.

Granholm will face questions from the Senate Energy and Natural Resources Committee, which is led by Democrat Joe ManchinJoseph (Joe) ManchinOVERNIGHT ENERGY: Biden EPA asks Justice Dept. to pause defense of Trump-era rules | Company appeals rejection of Pebble Mine | Energy pick Granholm to get hearing Wednesday Nomination hearing for Biden Energy pick Granholm set for Wednesday Bipartisan Senate gang to talk with Biden aide on coronavirus relief MORE (W.Va.) and Republican John BarrassoJohn Anthony BarrassoOVERNIGHT ENERGY: Biden EPA asks Justice Dept. to pause defense of Trump-era rules | Company appeals rejection of Pebble Mine | Energy pick Granholm to get hearing Wednesday Nomination hearing for Biden Energy pick Granholm set for Wednesday Trump impeachment article being sent to Senate Monday MORE (Wyo.), though it’s unclear how many senators will be joining the hearing in person amid the coronavirus pandemic. 

Biden announced last month that he was nominating Granholm to the position, which oversees a broad portfolio ranging from energy production to national security. He emphasized her experience on clean energy and jobs, particularly as governor during the Great Recession. 

Since her nomination, Granholm stressed the economic opportunity in fighting climate change, echoing similar statements from Biden.

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“Every country is going to be buying solar panels and they’re going to be buying wind turbines and they’re going to be buying electric vehicles and the batteries and they’re going to upgrade their electric grids,” she said in December. 

“We could be producing that material, those products here in the United States, and stamping the Made in America and exporting them around the country. We need to be the leader, rather than passive bystanders or otherwise we’re going to allow other countries like China and others who are fighting to be able to corner this market,” she added.

In recent days, Granholm has faced some scrutiny over her position on the board of directors of and stock options in an electric vehicle technology manufacturer.  

She said in an ethics filing that upon confirmation, she will resign from the board and will divest from or forfeit her stock options. 

Read more here.

 

ON TAP NEXT WEEK:

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On Tuesday:

• The House Energy and Commerce Committee will hold its formal organizational meeting, where it will adopt rules and subcommittees 

On Wednesday 

• The Senate Energy and Natural Resources Committee will hold a hearing on Granholm’s nomination
• The Biden administration will devote Wednesday to taking a range of climate actions including an “omnibus” domestic and international climate executive order, according to a document obtained by The Hill.  

 

WHAT WE’RE READING:

Trump loyalists burrow into cushy jobs abroad, E&E News reports

DuPont, Chemours in $4 Billion ‘Forever Chemicals’ Cost Pact, Bloomberg Law reports

Gov. Tim WalzTim WalzOVERNIGHT ENERGY: Biden EPA asks Justice Dept. to pause defense of Trump-era rules | Company appeals rejection of Pebble Mine | Energy pick Granholm to get hearing Wednesday Minnesota governor to deploy National Guard to protect state capitol ahead of inauguration Eight governors call on feds to immediately send out vaccine doses now in reserve MORE pushes again for carbon-free electricity in Minnesota to avert climate crisis, The Star Tribune reports

Amtrak announced Saturday that it is suspending some service south of Washington, D.C., due to security concerns surrounding Wednesday’s inauguration of President-elect Joe BidenJoe BidenMissouri woman seen with Pelosi sign charged in connection with Capitol riots Facebook temporarily bans ads for weapons accessories following Capitol riots Sasse, in fiery op-ed, says QAnon is destroying GOP MORE.

Amtrak said in a statement that is suspending some service to Virginia and that no Northeast Regional service south of Washington, including all Virginia stations, will run on Tuesday and Wednesday.

“After last week’s violent attack on the U.S. Capitol, we are taking extra steps to continue ensuring the safety of our employees and customers in Washington DC and across our network as we prepare for the Inauguration,”  the company said. “In addition to limiting ticket sales and requiring masks to be worn at all times, we are increasing our police enforcement to ensure strong compliance, remove noncomplying customers and ban those that don’t follow our policies.”

The move is the latest effort by transportation companies and local and state officials to bolster security ahead of next week’s inauguration.

Last week’s violent riots at the Capitol, for which law enforcement was woefully underprepared, rattled the nation’s faith in the security surrounding the quadrennial affair. Federal officials have warned of several armed threats to the event, and up to 25,000 armed members of the National Guard are set to protect the Capitol area.

Biden had originally intended to take Amtrak from his home in Delaware to the inauguration, but that plan was scrapped over security concerns.

Now that Democrats will control both chambers of Congress and the White House, lawmakers see new chances to enact a range of climate change legislation.

Lawmakers and environmentalists anticipate pushing measures to promote clean energy, decarbonize the transportation sector and tackle environmental inequality.

But there are hurdles to achieving those goals, most notably the lack of 60 Democratic votes in the Senate to avoid a likely GOP filibuster. Democrats will also need to win over moderate members in their own caucus.

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Still, the recent Senate runoff victories in Georgia that will give Democrats control of Congress starting Wednesday have given the party a renewed sense of optimism on climate legislation.

“Now the conversations are a little bit different,” said Rep. Kathy CastorKatherine (Kathy) Anne CastorOVERNIGHT ENERGY: Countries roll out 2030 Paris Accord goals amid US absence | Biden eyes new EPA picks as Nichols reportedly falls from favor | Kerry faces big job on climate, US credibility Democrats were united on top issues this Congress — but will it hold? Progress toward managing rising seas MORE (D-Fla.), who leads the House Select Committee on Climate Crisis, during a virtual town hall last week. “We are now thinking in very ambitious terms.”

House Democrats are also energized by knowing that their bills will no longer languish in the Senate.

“There’s a very big difference between what happened over the last four years — where everything that the House passed, just sat in a graveyard on the Senate side and there was never any action on it — versus legislation being brought to the floor and Republicans having to actually vote it down…especially the extent to which a lot of this is incredibly popular,” said John Coequyt, the Sierra Club’s global climate policy director. 

Measures that could be brought to the floor in either chamber include a range of environmental and climate priorities.

A spokesperson for the Senate Environment and Public Works Committee said the panel’s priorities will include: working toward a zero-emissions future for the transportation sector; fighting against environmental inequality in marginalized communities; improving the country’s drinking water systems; and promoting biodiversity by protecting wildlife and preserving public lands.

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Congressional climate committees last year put out reports detailing measures they’d like to take to reduce emissions.

Among those were Democratic-backed measures that included tax incentives for clean energy and emissions reductions, carbon pricing and setting federal clean energy standards.

They also promoted investing in zero-emission vehicles and increasing funding for public transportation.

But Democratic control of each chamber does not guarantee success.

One significant hurdle is the need for 60 votes to advance most legislation in the Senate.

While some environmental legislation, like last summer’s Great American Outdoors Act conservation bill, may have enough bipartisan support to meet that threshold, measures taking aim at the fossil fuel industry would face an uphill battle.

Another obstacle could be Democrats themselves.

In a recent interview with the Washington Examiner, Sen. Joe ManchinJoseph (Joe) ManchinBiden tax-hike proposals face bumpy road ahead Senate Democrats leery of nixing filibuster Manchin: Removing Hawley, Cruz with 14th Amendment ‘should be a consideration’ MORE (D-W.Va.) expressed wariness of measures like a clean electricity standard.

“The market will take you there,” the incoming Senate Energy and Natural Resources Committee chairman said. “We have moved the date farther ahead than we ever thought we would have, and we have done it without total mandates.”

He also pushed for using coal, oil and gas in a “cleaner fashion” and stressed that natural gas “has to be” in the energy mix.

Before the Georgia runoff elections, an oil and gas industry source told The Hill they believed a narrow Democratic control would just result in more power for moderates in the middle, rather than the more numerous progressives.

But clean energy-backers are eyeing other strategies like the budget reconciliation process as a potential route to accomplishing their goals.

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The approach only requires a simple majority to pass only budget-related measures, but it comes with certain parliamentary restrictions that make its use extremely limited.

Another possible avenue is tacking on climate measures to must-pass legislation like government spending bills or by adding them to large packages that contain bipartisan provisions.

“There’s a number of must-pass bills and I think all of them are opportunities to make progress, to really transition to a clean energy economy, once and for all, and to rebuild our economy in a way that is more equitable and just,” said Tiernan Sittenfeld, the League of Conservation Voters’s senior vice president of government affairs.

“Whether it’s COVID relief bills, broader economic recovery packages, infrastructure bills, a transportation bill, appropriations bills, we are going to push hard to ensure that they all make progress when it comes to climate solutions,” Sittenfeld said.

Castor said congressional action on a forthcoming infrastructure package is another way to incorporate climate provisions.

“Right off the bat we have to make the investments in clean energy through an infrastructure bill that is the cleanest and greenest ever enacted,” she said.

“That transportation infrastructure package early will be the primary, I think, way we go.”

President-elect Joe BidenJoe BidenFear of insider attack prompts additional FBI screening of National Guard troops: AP Iran convicts American businessman on spying charge: report DC, state capitals see few issues, heavy security amid protest worries MORE has chosen two veteran regulators to lead the Securities and Exchange Commission (SEC) and the Consumer Financial Protection Bureau (CFPB).

Biden will nominate former Commodity Futures Trading Commission (CFTC) chairman Gary GenslerGary GenslerHuffPost reporter: Biden SEC pick ‘easily the best bank regulator’ from Obama era Reimagining the role of the next SEC chair The future of ‘fintech’ is at stake for Biden and the Senate MORE to lead the SEC and Federal Trade Commission member Rohit Chopra to lead the CFPB, the transition announced Monday.

Under the Obama administration and in the wake of the 2008 financial crash, Gensler advanced derivatives regulation at the CFTC, Bloomberg News noted. Biden last year called on Gensler to lead his transition’s review of banking and securities regulators.

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Chopra, who Biden has put forward to lead the CFPB, helped Massachusetts Sen. Elizabeth WarrenElizabeth WarrenBiden to tap Rohit Chopra to lead CFPB, Gensler for SEC chair: reports Biden tax-hike proposals face bumpy road ahead Porter loses seat on House panel overseeing financial sector MORE (D) establish the office prior to her time serving in the upper chamber.

Chopra served as a CFPB assistant director and as student loan ombudsperson after the agency was launched in 2011. He has served as a Federal Trade Commissioner since 2018. 

His top priorities at the bureau are set to include ramping up enforcement of fair lending laws, in addition to cracking down on payday lenders and building what counts as an “abusive act or practice” for a slate of businesses, according to multiple reports.

“Our administration will hit the ground running to deliver immediate, urgent relief to Americans; confront the overlapping crises of COVID-19, the historic economic downturn, systemic racism and inequality, and the climate crisis; and get this government working for the people it serves. These tireless public servants will be a key part of our agenda to build back better — and I am confident they will help make meaningful change and move our country forward,” Biden, who is set to be inaugurated on Wednesday, said in a statement announcing the picks.

Both of the announced nominees will have to be confirmed by the Senate, and interim leaders will likely lead the SEC and the CFPB during the confirmation process, Bloomberg noted.

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The nominees are also expected to reverse many the Trump administration’s industry-friendly approaches on the SEC and the CFBP’s enforcement powers.

Other nominees announced Monday include a slate of deputy secretary picks, including Elizabeth Klein for Interior, Jewel Bronaugh for Agriculture, Andrea Palm for Health and Human Services, Polly Trottenberg for Transportation and Cindy Marten for Education.

Updated: Jan. 18 at 8:40 a.m.

The Senate has approved a waiver allowing retired Gen. Lloyd AustinLloyd AustinThe Hill’s Morning Report – Biden’s crisis agenda hits headwinds Senate chaos threatens to slow Biden’s agenda Overnight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 MORE to serve as President Biden’s Defense secretary, removing the final obstacle before the upper chamber votes on his confirmation.

The Senate’s 69-27 vote to approve the waiver Thursday afternoon comes shortly after the House easily passed the waiver in its own 326-78 vote.

It also comes just hours after the Senate Armed Services Committee advanced both the waiver and Austin’s nomination to the Senate floor.

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The Senate still must vote on Austin’s actual confirmation, which is scheduled for Friday. 

Austin, who retired from the military in 2016, needs the waiver because of a law that requires Defense secretaries to be out of uniform for at least seven years.

Some lawmakers in both parties initially expressed concerns about granting Austin a waiver, particularly so soon after doing so for James MattisJames Norman MattisOvernight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 Senate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee MORE, former President TrumpDonald TrumpIran’s leader vows ‘revenge,’ posting an image resembling Trump Former Sanders spokesperson: Biden ‘backing away’ from ‘populist offerings’ Justice Dept. to probe sudden departure of US attorney in Atlanta after Trump criticism MORE’s first Defense secretary.

Austin sought to blunt any lingering concerns lawmakers had about granting the waiver during his confirmation hearing before the Senate Armed Services Committee on Tuesday, pledging in his opening statement to ensure strong civilian control of the military.

“Let me say at the outset that I understand and respect the reservations some of you have expressed about having another recently retired general at the head of the Department of Defense,” Austin said.

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“The safety and security of our democracy demands competent civilian control of our armed forces, the subordination of military power to the civil,” he added.

Austin received an additional boost Wednesday after the incoming chairman of the Senate Armed Services Committee, Sen. Jack ReedJack ReedSenate approves waiver for Biden’s Pentagon nominee Senate panel advances Biden Pentagon nominee Overnight Defense: Biden inaugurated as 46th president | Norquist sworn in as acting Pentagon chief | Senate confirms Biden’s Intel chief MORE (D-R.I.), announced his support for Austin, despite saying four years ago he would not support another recently retired general after Mattis.

“Lloyd AustinLloyd AustinOvernight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 Nearly 1 in 5 people charged in Capitol riot have military history: analysis Senate approves waiver for Biden’s Pentagon nominee MORE is a decorated leader who has led a distinguished career and is exceptionally qualified,” Reed said in a statement released the day of Biden’s inauguration.

“He has demonstrated a clear commitment to civilian control of the military,” Reed added. “I will support his historic nomination and believe he will restore direction to a Pentagon that has been left rudderless and adrift for too long under the previous administration.”

The waiver hurdles left Biden without a Senate-confirmed Defense secretary on Day One of his presidency, a break with tradition. 

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But Democrats sought to move the process along as quickly as possible after Inauguration Day, saying multiple crises including the COVID-19 pandemic demand that Biden has his team in place.

Democrats also rallied around Austin, who would be the first Black secretary of Defense if confirmed by the Senate, as a historic choice.

Still, some Democrats announced ahead of the vote they would oppose the waiver out of concern about the principle of civilian control of the military, including Sens. Elizabeth WarrenElizabeth WarrenOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Senate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee MORE (Mass.), Richard Blumenthal (Conn.) and Tammy DuckworthLadda (Tammy) Tammy DuckworthSenate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee Senators vet Buttigieg to run Transportation Department MORE (Ill.).

All three opposed Mattis’s waiver in 2017, and they were joined Thursday by nine other Democrats who also opposed Mattis’s waiver, as well as one Democrat who supported Mattis’s waiver, Sen. Catherine Cortez MastoCatherine Marie Cortez MastoSenate approves waiver for Biden’s Pentagon nominee Why are millions still flowing into the presidential inauguration? Transition of power: Greatness meets infamy MORE (Nev.). Sen. Jacky RosenJacklyn (Jacky) Sheryl RosenSenate approves waiver for Biden’s Pentagon nominee House Democrats introduce bill to invest 0 billion in STEM research and education Hillicon Valley: Productivity, fatigue, cybersecurity emerge as top concerns amid pandemic | Facebook critics launch alternative oversight board | Google to temporarily bar election ads after polls close MORE (D-Nev.), who voted against Mattis as a House member in 2017, also voted against Austin’s waiver Thursday.

But five other Democrats who opposed Mattis’s waiver — Senate Majority Whip Dick DurbinDick DurbinOvernight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 Senate approves waiver for Biden’s Pentagon nominee Bipartisan Senate gang to talk with Biden aide on coronavirus relief MORE (Ill.), Patrick LeahyPatrick Joseph LeahySenate approves waiver for Biden’s Pentagon nominee Democrats swear in three senators to gain majority Pompeo’s flurry of foreign policy moves hampers Biden start MORE (Vt.), Chris MurphyChristopher (Chris) Scott MurphySenate approves waiver for Biden’s Pentagon nominee Democrats shoot down McConnell’s filibuster gambit Senate confirms Biden’s intel chief, giving him first Cabinet official MORE (Conn.), Bernie Sander (I-Vt.) and Tom UdallTom UdallSenate approves waiver for Biden’s Pentagon nominee Senate swears-in six new lawmakers as 117th Congress convenes We can achieve our democratic ideals now by passing the For the People Act MORE (N.M.) — supported Austin’s waiver.

Republican Sen. Tom CottonTom Bryant CottonSenate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee Senate panel advances Biden Pentagon nominee MORE (Ark.), who is seen as a potential 2024 presidential candidate, also announced this week he would oppose the waiver, saying he has come to regret supporting Mattis’s waiver and that “under no foreseeable circumstances can I imagine supporting such a waiver again.”

Cotton was joined in opposition to the waiver Thursday by other potential 2024 GOP hopefuls, including Sens. Josh HawleyJoshua (Josh) David HawleySenate approves waiver for Biden’s Pentagon nominee For Biden, a Senate trial could aid bipartisanship around COVID relief Senate Democrats file ethics complaint against Hawley, Cruz over Capitol attack MORE (Mo.) and Ben SasseBen SasseSenate approves waiver for Biden’s Pentagon nominee Budowsky: Democracy won, Trump lost, President Biden inaugurated Pompeo labels China’s treatment of Uighurs ‘genocide’ MORE (Neb.).

In total, 13 Republicans voted against Austin’s waiver after no Republicans opposed Mattis’s waiver in 2017. Some moderate Republicans such as Sen. Susans Collins (R-Maine) voted against Austin’s waiver Thursday.

Updated 6:35 p.m.

HAPPY THURSDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

Signup for our newsletter and others HERE. 

PAUSE ON PUBLIC LANDS: The Interior Department took swift action to deliver on President Biden’s campaign pledge to block oil and gas drilling on public lands, freezing such leases for the next 60 days.

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An order signed by acting Secretary Scott de la Vega on Wednesday bars the department from pushing ahead with any new leasing or drilling permits. It also blocks any new major mining actions.

Biden’s climate plan calls for “banning new oil and gas permitting on public lands and waters,” a pledge made by each Democratic candidate in the primary after the idea was first proposed by Sen. Elizabeth WarrenElizabeth WarrenOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Senate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee MORE (D-Mass.).

The 60-day timeline pauses a number of other actions at Interior, including any promotions for department staff or transfer of public lands back to the states.

Biden has nominated Rep. Deb HaalandDeb HaalandOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Biden’s Interior Department temporarily blocks new drilling on public lands What Biden’s Cabinet picks mean for the hardest-hit US industry MORE (D-N.M.) to lead the Interior Department, and her signature would be required to establish a permanent moratorium on new oil drilling on public lands.

“For four years, the Trump administration cut legal corners and rushed through massive drilling and mining projects at the behest of corporations. Now the Biden administration is rightfully attempting to take stock of the damage and make sure the agency is following the law, instead of rubber-stamping destructive projects that were in the pipeline,” Jesse Prentice-Dunn, policy director at the Center for Western Priorities, a public lands watchdog group, said in a release.

“Once Deb Haaland is confirmed as Interior secretary, she’ll be able to take long-term actions to make sure the Interior department prioritizes communities and conservation, not extractive industry lobbyists.”

Biden’s climate plan calls for putting the U.S. on a path to carbon neutrality by 2050, an effort that will require reducing use of fossil fuels.

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The American Petroleum Institute (API), which represents the oil industry, has said blocking new leases will further push the U.S. toward foreign oil while limiting revenue for conservation.

“Restricting development on federal lands and waters is nothing more than an ‘import more oil’ policy. Energy demand will continue to rise — especially as the economy recovers — and we can choose to produce that energy here in the United States or rely on foreign countries hostile to American interests,” API President and CEO Mike Sommers said in a release Thursday.

Read more about the temporary pause on new leases here. 

DON’T HATE, LEGISLATE: Some Western Republicans have launched a longshot bid to block President Biden’s executive orders to rejoin the Paris Climate Accord and revoking the permit for the Keystone pipeline.

The lawmakers, many from big energy-producing states, plan to introduce two pieces of legislation that would give Congress a say in the decisions.

“I urge President Biden to do what the Obama administration refused to do and submit the Paris Agreement to the Senate for consideration as required under the Constitution,” Sen. Steve DainesSteven (Steve) David DainesOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Group of GOP senators seeks to block Biden moves on Paris, Keystone Biden recommits US to Paris climate accord MORE (R-Mont.) said in a release, calling the agreement “a poorly negotiated, fatally flawed treaty that represents a bad deal for American families everywhere.”

The executive order signed by Biden, the third of 17 that he signed on his first day in office, will formally recommit the U.S. to the global agreement in 30 days, ending the U.S. status as the only country in the world not participating in the deal.

He also put forth an order that revoked a permit for the Keystone XL pipeline that allowed it to cross the U.S.-Canada border and also carried out other environmental actions. 

In press releases on Thursday, the Republican lawmakers said they intended to introduce a resolution calling on Biden to submit the Paris Climate Agreement to Congress for approval before rejoining.  

The lawmakers said they would introduce a bill authorizing the continued construction of the controversial pipeline. 

“President Biden’s executive order will rob both American and Canadian workers of good-paying jobs,” said Sen. John BarrassoJohn Anthony BarrassoOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Group of GOP senators seeks to block Biden moves on Paris, Keystone GOP senators praise Biden’s inauguration speech MORE (Wyo.), who is the top Republican on the Energy and Natural Resources Committee. “President Biden’s actions will not end our need for oil from our strongest ally, Canada. Instead, it will cost jobs, result in more shipments of oil by rail and make America even more vulnerable to OPEC and foreign adversaries, like Russia.” 

Sens. Mike CrapoMichael (Mike) Dean CrapoOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Sweeping COVID-19, spending deal hits speed bumps McConnell in tough position as House eyes earmark return MORE (Idaho), Jerry MoranGerald (Jerry) MoranOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Bipartisan Senate gang to talk with Biden aide on coronavirus relief Group of GOP senators seeks to block Biden moves on Paris, Keystone MORE (Kan.), Roger MarshallRoger W. MarshallOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Group of GOP senators seeks to block Biden moves on Paris, Keystone The Hill’s Morning Report – Biden takes office, calls for end to ‘uncivil war’ MORE (Kan.) and Barrasso all signed on to both pieces of legislation.

Each piece of legislation would face an uphill battle in the Democratically-controlled chamber, where Vice President Harris will serve as the key tie-breaker vote.

Former President Obama angered lawmakers in 2016 when he joined the deal without securing Senate approval, something Daines and others argue violates Article II, Section 2, Clause 2 of the Constitution which calls for a two-thirds vote from the upper chamber when entering into treaties.

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But the Paris deal allowed countries to set their own commitments to the deal, rather than enter into a more formal agreement, something the Obama administration viewed as allowing the U.S. to join the deal without Senate approval.

Read more about the opposition here. 

SETTLING IN? A federal judge in Michigan on Thursday granted preliminary approval for a $641 million settlement in the Flint water crisis. 

Affected residents will now have to decide whether they want to participate in the settlement before a final approval is given. 

Almost 80 percent of the funds are expected to go to the city’s children, with the majority targeted for those who were younger than 6 when they were first exposed since they are at the highest risk for lead poisoning. 

Nearly 20 percent will go to the city’s adult population. 

Some Flint residents, however, have told local news outlets they don’t believe the compensation is sufficient, particularly for adults. 

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Those who participate in the settlement will have to end their litigation against defendants including the state and city. 

The judge in her decision on Thursday stated that if those impacted by the crisis choose to participate in the settlement, they can object to certain aspects of it. 

Judge Judith Levy acknowledged that some have raised issues with the settlement, but warned that opponents will have to “decide whether the risks of litigation—and there are many—outweigh the benefit of a certain resolution with the Settling Defendants.”

Three COVID-19 vaccines under late-stage review for WHO emergency…

Judge denies request for Amazon to immediately restore Parler

In 2014, Michigan allowed the city of Flint to get its water from the Flint River, which ultimately resulted in tainted water flowing to people’s taps. 

In addition to lead contamination, the decision has been linked to a Legionnaires’ disease outbreak that killed 12 people.

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Read more about the settlement here. 

WHAT WE’RE READING:

Southern Ocean waters are warming faster than thought, threatening Antarctic ice, The Washington Post reports

Upper Colorado River Drought Plan Triggered For First Time, KUNC reports

Biden to review Trump’s changes to national monuments, The Associated Press reports

ICYMI: Stories from Thursday…

Canadian firm cuts 1,000 jobs after Biden revokes Keystone XL permit

Group of GOP senators seeks to block Biden moves on Paris, Keystone

Judge grants preliminary approval for $640M Flint water crisis settlement

Biden’s Interior Department temporarily blocks new drilling on public lands

Kerry promises Europeans Biden will seek to make up time on climate action

FROM THE HILL’S OPINION PAGES:

Riding to the rescue on climate, the Biden administration needs powerful partners, writes Paul Bodnar, a former White House climate lead in the Obama National Security Council

 

A federal judge on Thursday denied Parler’s request for a court order that would have forced Amazon to immediately resume hosting the controversial social media platform following its suspension earlier this month.

In rebuffing Parler’s request for a swift reversal of Amazon’s ban, U.S. District Court Judge Barbara Rothstein said the social media site, which is especially popular among conservatives, had failed to persuade the court that it would ultimately win its lawsuit against Amazon.

“The likelihood of Parler prevailing on its claims is not a close call. Parler’s allegations at this time are both inaccurate and unsupported, and are disputed by evidence submitted by” Amazon, wrote Rothstein, who sits on a Seattle-based district court and was appointed by former President Carter.

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Amazon, for its part, maintains that its suspension of Parler was justified because the platform had repeatedly failed to screen out potentially incendiary content, including material that could incite violence, in violation of the companies’ contract. 

Although the case has not been dismissed entirely, experts previously told The Hill that they found Parler’s allegations that Amazon violated antitrust law and its contractual terms far-fetched, and the judge’s 14-page order Thursday appeared to reinforce that view.

The order comes after Parler filed a Jan. 11 suit against Amazon’s web-hosting arm for its suspension following the riot at the U.S. Capitol led by a pro-Trump mob. In light of the Capitol breach Jan. 6, Rothstein appeared especially unpersuaded by Parler’s assertion that its immediate reinstatement on Amazon’s platform would be in the public’s interest.

“The Court explicitly rejects any suggestion that the balance of equities or the public interest favors obligating [Amazon] to host the kind of abusive, violent content at issue in this case, particularly in light of the recent riots at the U.S. Capitol,” she wrote. “That event was a tragic reminder that inflammatory rhetoric can—more swiftly and easily than many of us would have hoped—turn a lawful protest into a violent insurrection.” 

Amazon’s decision to drop Parler left the platform dark until this past Sunday, when a nonfunctional homepage appeared back on the web along with a note from the company’s CEO John Matze saying that a return was “inevitable.”

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Parler’s domain is now registered with Epik, according to publicly available WHOIS information. Epik, which hosts the controversial social media platform Gab, has denied hosting Parler.

The platform’s return to the web is being aided by Russian firm DDoS-Guard, which provides cybersecurity for other sites.

That connection has drawn scrutiny from House Oversight and Reform Committee Chair Carolyn MaloneyCarolyn MaloneyDemocrats urge tech giants to change algorithms that facilitate spread of extremist content Hillicon Valley: Biden names acting chairs to lead FCC, FTC | Facebook to extend Trump ban pending review | Judge denies request for Amazon to immediately restore Parler Judge denies request for Amazon to immediately restore Parler MORE (D-N.Y.), who on Thursday asked the FBI to investigate the platform over its role in the deadly insurrection at the Capitol.

“Concerns about the company’s connections to Russia have grown since the company re-emerged on a Russian hosting service, DDos-Guard, after being denied services by Amazon Web Services,” she wrote in a letter to the agency, adding that Matze’s wife has reported ties to the Russian government.

Parler, which explicitly pitches itself as a haven for free speech, was rife with discussions about invading the Capitol in the lead-up to the deadly riot on Jan. 6.

The platform saw a huge spike in users after that day and former President TrumpDonald TrumpIran’s leader vows ‘revenge,’ posting an image resembling Trump Former Sanders spokesperson: Biden ‘backing away’ from ‘populist offerings’ Justice Dept. to probe sudden departure of US attorney in Atlanta after Trump criticism MORE’s subsequent ban from Twitter and Facebook. Some users have since gravitated toward more fringe sites including Me.We and Telegram, where experts warn they could be exposed to more dangerous right-wing groups.

Updated at 4:08 p.m.