67 Former U.S. Attorneys Urge Senate to Confirm Biden Pick for EPA Enforcement Chief

Top Prosecutors Demand End to Nearly Year-Long Delay of Confirmation of David Uhlmann as Enforcement Director

Washington, D.C. – Sixty-seven former U.S. Attorneys from both Republican and Democratic administrations sent a letter to U.S. Senate leaders today urging an end to the nearly year-long delay in confirmation of an EPA enforcement chief.

“The failure to confirm an EPA enforcement chief deep into the second year of the Biden Administration undermines the rule of law, public health, and environmental protection,” wrote the former U.S. Attorneys (list of names below) to Senate Majority Leader Charles Schumer and Minority Leader Mitch McConnell, among others.

On June 23, 2021, and again on January 4, 2022, the Biden Administration nominated former U.S. Department of Justice chief environmental crimes prosecutor David M. Uhlmann, a law professor at the University of Michigan, to serve as Assistant Administrator for Enforcement and Compliance Assurance at the EPA.  The nomination has stalled in a split U.S. senate.

The delay in Uhlmann’s confirmation leaves EPA’s understaffed civil and criminal enforcement division without confirmed leadership at a time of declining environmental enforcement.  EPA data show a roughly 50 percent drop in civil inspections, criminal investigations and cases referred for prosecution in 2018-2021 compared to the average from 2002 to 2017.

“From a law enforcement perspective, it is essential for EPA to have a confirmed Assistant Administrator for Enforcement and Compliance Assurance,” the former U.S. Attorneys wrote in their letter to the Senate leadership.

For the last 15 years, Uhlmann has served as Director of the Environmental Law and Policy Program at the University of Michigan.  For 17 years before that, Uhlmann worked at the U.S. Department of Justice, including as the Chief of the Environmental Crimes Section, leading several landmark cases that brought justice to communities burdened by illegal pollution.

“Mr. Uhlmann is uniquely well-qualified to provide fair and principled leadership to EPA’s law enforcement and compliance assurance programs,” the former U.S. Attorneys wrote in their letter. “… No prior nominee to serve as Assistant Administrator for Enforcement and Compliance Assurance has as much depth and breadth of experience.”

The former U.S. Attorneys who signed the letter in support of Uhlmann are (in alphabetical order):

Daniel Bogden

U.S. Attorney, District of Nevada, 2001-2007, 2009-2017

John L. Brownlee

U.S. Attorney, Western District of Virginia, 2001-2008

Mary Beth Buchanan

U.S. Attorney, Western District of Pennsylvania, 2001-2009

Robert J. Cleary

U.S. Attorney, District of New Jersey, 1999-2002

U.S. Attorney, Southern District of Illinois, 2002

Paul Coggins

U.S. Attorney, Northern District of Texas, 1993-2001

Robert Corrente

U.S. Attorney, District of Rhode Island, 2004-2009

Michael W. Cotter

U.S. Attorney, District of Montana, 2009-2017

Deborah J. Daniels

Southern District of Indiana, 1988-1993

Gregory K. Davis

U.S. Attorney, Southern District of Mississippi, 2012-2017

Jenny Durkan

U.S. Attorney, Western District of Washington, 2009-2014

Zachary T. Fardon

U.S. Attorney, Northern District of Illinois, 2013-2017

Terrance P. Flynn

U.S. Attorney, Western District of New York, 2006-2009

Barry Grissom

U.S. Attorney, District of Kansas, 2010-2016

Melinda L. Haag

U.S. Attorney, Northern District of California, 2010-2016

Richard S. Hartunian

U.S. Attorney, Northern District of New York, 2010-2017

Timothy J. Heaphy

U.S. Attorney, Western District of Virginia, 2009-2015

Thomas B. Heffelfinger

U.S. Attorney, District of Minnesota, 2001-2006

David J. Hickton

U.S. Attorney, Western District of Pennsylvania, 2010-2016

Dwight C. Holton

U.S. Attorney, District of Oregon, 2010-2011

Roscoe C. Howard, Jr.

U.S. Attorney, District of Columbia, 2001-2004

John W. Huber

U.S. Attorney, District of Utah, 2015-2021

David C. Iglesias

U.S. Attorney, District of New Mexico, 2001-2007

Brendan Johnson

U.S. Attorney, District of South Dakota, 2009-2015

Donald J. Cazayoux Jr.

U.S. Attorney, Middle District of Louisiana, 2010-2013

William C. Killian

U.S. Attorney, Eastern District of Tennessee, 2010-2015

Carol Lam

U.S. Attorney, Southern District of California, 2002-2007

James B. Letten

U.S. Attorney, Eastern District of Louisiana, 2001-2012

James A. Lewis

U.S. Attorney, Central District of Illinois, 2010-2016

Karen L. Loeffler

U.S. Attorney, District of Alaska, 2009-2017

Alice Martin

U.S. Attorney, Northern District of Alabama, 2001-2009

James McDevitt

U.S. Attorney, Eastern District of Washington, 2001-2010

Michael D. McKay

U.S. Attorney, Western District of Washington, 1989-1993

Barbara L. McQuade

U.S. Attorney, Eastern District of Michigan, 2010-2017

William W. Mercer

U.S. Attorney, District of Montana, 2001-2009

Eric D. Miller

U.S. Attorney, District of Vermont, 2015-2017

Jan Paul Miller

U.S. Attorney, Central District of Illinois, 2002 – 2005

Peter Neronha

U.S. Attorney, District of Rhode Island, 2009-2017

Wendy J. Olson

U.S. Attorney, District of Idaho, 2010-2017

Carmen Ortiz

U.S. Attorney, District of Massachusetts, 2009-2017

Matthew D. Orwig

U.S. Attorney, Eastern District of Texas, 2001-2007

Paul I. Perez

U.S. Attorney, Middle District of Florida, 2002-2007

Channing D. Phillips

U.S. Attorney, District of Columbia, 2009-2010, 2015-2017, 2021

  1. Brad Pigott

U.S. Attorney, Southern District of Mississippi, 1994-2001

Richard Pocker

U.S. Attorney, District of Nevada, 1989-1990

Betty H. Richardson

U.S. Attorney, District of Idaho, 1993-2001

James G. Richmond

U.S. Attorney, Northern District of Indiana, 1985-1991

Richard B. Roper

U.S. Attorney, Northern District of Texas, 2004-2009

Chuck Rosenberg

U.S. Attorney, Eastern District of Virginia, 2006-2008

U.S. Attorney, Southern District of Texas, 2005-2006

Joseph P. Russoniello

U.S. Attorney, Northern District of California, 1982-1990, 2008-2010

McGregor W. Scott

U.S. Attorney, Eastern District of California, 2003-2009 and 2017-2021

Michael J. Sullivan

U.S. Attorney, District of Massachusetts, 2001-2009

Edward J. Tarver

U.S. Attorney, Southern District of Georgia, 2009-2017

Jeff A. Taylor

U.S. Attorney, District of Columbia, 2006-2009

Kevin W. Techau

U.S. Attorney, Northern District of Iowa, 2014-2017

Larry D. Thompson

U.S. Attorney, Northern District of Georgia, 1982-1986

Stanley A. Twardy, Jr.

U.S. Attorney, District of Connecticut, 1985-1991

Anton R. Valukas

U.S. Attorney, Northern District of Illinois, 1985-1989

Joyce Vance

U.S. Attorney, Northern District of Alabama, 2009-2017

John W. Vaudreuil

U.S. Attorney, Western District of Wisconsin, 2010-2017

Benjamin B. Wagner

U.S. Attorney, Eastern District of California, 2009-2016

Anna Mills Wagoner

U.S. Attorney, Middle District of of North Carolina, 2001-2010

Kenneth L. Wainstein

U.S. Attorney, District of Columbia, 2004-2006

Assistant Attorney General for National Security, 2006-2008

John F. Walsh

U.S. Attorney, District of Colorado, 2010-2016

Dan K. Webb

U.S. Attorney, Northern District of Illinois, Eastern Division, 1981-1985

Joe D. Whitley

U.S. Attorney, Middle District of Georgia (Macon), 1981-1986

Deputy Assistant Attorney General Criminal Division, 1986-1988

Acting Associate Attorney General, U.S. Department of Justice, 1988-1989

U.S. Attorney, Northern District of Georgia (Atlanta), 1990-1993

Debra Wong Yang

U.S. Attorney, Central District of California, 2002-2006

Stephanie Yonekura

U.S. Attorney, Central District of California, 2014-2015

For a copy of the letter, click here.

The Environmental Integrity Project is a 20-year-old, nonprofit, nonpartisan organization, based in Washington D.C. and Austin, Texas, that is dedicated to the enforcement of environmental laws and the strengthening of policy to protect public health and the environment.

Media contact: Tom Pelton, Environmental Integrity Project (443) 510-2574 or tpelton@enviromentalintegrity.org