After Minnesota lawmakers passed a two-year budget last week, Republicans who control the Senate stuck around the Capitol so they could vote to confirm or reject state officials appointed by Gov. Tim Walz.
It was initially unclear how many people the GOP intended to remove. By the end of the day Tuesday, the Senate had zeroed in on just one of Walz’s Cabinet members: Minnesota Pollution Control Agency Commissioner Laura Bishop.
Bishop resigned on Tuesday ahead of a potential vote, saying she expected to be removed more than two years into her tenure at an agency that oversees air, water and waste. The former Best Buy sustainability officer wasn’t the only leader of a controversial Minnesota department under a microscope.
Department of Natural Resources Commissioner Sarah Strommen faced a confirmation hearing, but ended up with glowing reviews from key Senate lawmakers during a hearing Tuesday. Republicans grilled Housing Commissioner Jennifer Ho but didn’t seem to question her role. The Senate on Wednesday ended up adjourning, likely for months, without voting on either.
Why was Bishop targeted? She said the Republicans were politicizing the environment. GOPers said they disagreed with her decision to implement California’s tougher vehicle emission standards in Minnesota, and other, lower-profile anti-pollution efforts.
‘Clean Cars’ rule at issue
Senate Republicans had voiced frustration at Bishop and the MPCA’s push to adopt the California vehicle rules since the process began in September 2019. The agency has authority to act unilaterally because of existing state and federal pollution laws, and the Walz administration said it was a necessary step to slash carbon emissions amid global climate change. Transportation is the largest source of greenhouse gas emissions in Minnesota.
Still, the GOP argued Bishop was effectively side-stepping the Legislature to secure a policy they viewed as an unnecessary mandate that could lead to higher up-front costs for car buyers, extra work and costs for dealers, and potentially even hurt farmers who grow biofuels. Republican lawmakers said a policy so controversial should get approval from the Legislature, even if law didn’t require it, and hauled Bishop to the Senate for hearings and even a performance review last August.
The most controversial aspect of the so-called “Clean Cars” rules requires auto manufacturers to provide more electric, plug-in hybrid or hydrogen-powered cars for sale in Minnesota. California is the only state that can set its own emissions standards that differ from the federal government, but other states can choose whether to adopt California’s regulations or the national ones.
When legislators were negotiating a budget deal, the Senate GOP threatened briefly to shut down parks and other environmental spending if Walz and Bishop didn’t agree to drop the regulations or at least delay them, but later relented.
[image_credit]MinnPost photo by Tom Olmscheid[/image_credit][image_caption]Senate Majority Leader Paul Gazelka[/image_caption]
In an interview Tuesday, Bishop said Gazelka had acknowledged the MPCA was following law and proper process in its Clean Cars rulemaking, and had even asked her to draft a letter to lawmakers explaining the regulations wouldn’t take effect until 2024 — well after the next election for governor.
Bishop said removing her from office also isn’t likely to stop the Walz administration from moving ahead with the policies anyway. It was also one of the few major climate policies Walz can tout during his first term in office, since Senate Republicans have opposed many DFL efforts.
The governor “expected me to lead on climate change,” Bishop said.
Republicans had other frustrations, too
Still, Clean Cars wasn’t the only issue GOP lawmakers had with MPCA policy. In a recorded statement, Gazelka criticized Bishop for asking the federal government to implement new standards for mercury emissions by the taconite industry, which the Environmental Protection Agency had put off for 30 years. While the MPCA said the standards would help protect people from harmful effects of mercury pollution, Gazelka said he felt it would hurt mining companies.
Gazelka also noted Republican frustration with new water-pollution regulations for manure spreading by large animal feedlots that some livestock producers said were inflexible. The Legislature rolled back some of those new, stricter feedlot rules this year after outcry from Republicans, some DFLers and ag trade groups.
Bishop said the Walz administration was attentive to Republican concerns. For instance, Walz and lawmakers negotiated to relax the feedlot rules and partially exempt a new timber manufacturing business in Cohasset from environmental review.
[image_caption]Former Commissioner Steve Kelley[/image_caption]
Steve Kelley, who was removed in 2020 by the Senate as commissioner of the Department of Commerce, drew Republican ire after challenging Line 3.
Still, Gazelka, who is considering a run for governor, said Bishop was “jamming” through new policy.
A ‘political quagmire’ created by the GOP?
Bishop on Tuesday described a rocky relationship with Senate Republicans during her time as commissioner that she said made her job tougher. “They have held this over my head for two and a half years,” Bishop said of the confirmation process.
She accused Gazelka of “political intimidation” in an interview with Minnesota Public Radio Tuesday and said the majority leader would call her or leave her voicemails that were “very unsettling,” and made her work contentious. She later told MinnPost “it does become tiring” when the GOP is “looking at every decision you make, really when (the MPCA) is set up as a regulatory agency.”
Leaving would help the agency avoid getting “bogged down in a political quagmire,” Bishop said. “This job is never going to win a popularity contest and I knew that and I have a pretty thick skin as well as a strong moral compass.”
In the end, Bishop said Republicans had “politicized” the agency and its work.
“I’m not sure who they want the governor to put in this role,” Bishop said. “Somebody that has 15 years of corporate experience and five years on the Minnesota Chamber (of Commerce) board like I did and they’ll attempt to take me out.”
Walz named MPCA Deputy Commissioner Peter Tester as the agency’s temporary leader in Bishop’s place.
Bishop reflected on her accomplishments, saying for instance that she and lawmakers set groundwork to address climate change and limit PFAS chemical pollution. For instance, Bishop led a “Climate Change Subcabinet” made up of state officials for the governor and the Legislature this year approved money for climate resiliency grants. Lawmakers also passed a measure to phase out PFAS in food packaging and Bishop created a detailed blueprint to manage PFAS in the state.
Republicans, she said, were criticizing her for efforts to protect air and water. “We need to protect our water and air here in Minnesota,” she said. “That’s the agency’s whole purpose and mission is to protect the air, water and land. We have not overreached.”
What a farce by the Senate Republicans- refuse to do their job and actually confirm (or not) appointees, and then whine about the agency doing it’s job in ways they don’t like. I find it hard to believe that Gazelka is truly upset about the MPCA asking the feds for a final ruling on mercury emissions thta has been kicked down the road for 30 years.
If the Republicans think they agency is taking liberties that belong to the legislature, then they should do their job and legislate rather than throw bombs from the sidelines.
“I’m not sure who they want the governor to put in this role,” Bishop said. “Somebody that has 15 years of corporate experience and five years on the Minnesota Chamber (of Commerce) board like I did and they’ll attempt to take me out.”
The only MPCA commissioner they will be satisfied with is someone who wants no regulations at all. We have gone from first in the nation – the MPCA is older than the EPA – to this farce. Bishop is from the private sector and these new regulations aren’t business killing. PG just wants headlines and to spread false narratives so he can be governor.
It is strange that commissioners don’t get voted on for 2+ years. That needs to get fixed. But, at the same time, there need to be limits on the Governor and agencies powers to unilaterally govern by fiat without involving the legislature. There is a big difference between creating technical rules governing pollution, and making sweeping decisions on how many electric vehicles need to sold in the state.
There is nothing in the rule about any number of electric vehicles being required to be sold. The only language is that manufacturers have to supply a certain number of them to dealerships to make available for sale. See https://www.pca.state.mn.us/air/about-clean-cars-minnesota
What’s happening now is manufacturers are steering most of their models that meet these rules to states that have already adopted clean car rules, leaving fewer available for us. This is how we get our seat at the table.
The REPS across the nation are feeling really desperate. So they attack, lash out, badmouth, destroy & lie. Like middle school bullies. They stopped governing a long time ago. They haven’t advanced any programs or policies in years. They’ve unquestionningly supported a lying psychopath president who is monstrous and divisive and wouldn’t know truth if it walked up and introduced itself. Their’s is an eternal offensive position. The last old rich white man’s stance, destined to fail because it’s completely unsupportable to Americans, particularly as demographics continue to change rapidly. In another 10 years middle-aged white males will be the new minority in this country. But rather than accept it, REPS choose to kick & fuss & scream & act out…. Meanwhile other healthier, more mature types have been flexible and adjusted to this new norm by becoming global citizens who believe in America’s Constitution with its equal rights and protections for all. One always has options…the key is to choose wisely.
And they lied. Initially they said they were staying in session just to “make sure” Walz signed all the bills. Which sounded totally bogus when they said it. And it was.
Lying. Right on brand . . . . .
Let’s hope Paul Gazelka is delusional enough to run for Governor: clear sailing for Tim Walz.
Indeed…obstructionism will never be considered governance.
Gazelka has suggested that Republicans need to have a voice in government. It sounds they prefer to wield a ax, chopping off pieces they don’t like. The PCA Commissioner does not make policy – he or she follows the direction of a governor elected statewide, working with a legal framework created by the legislature. A Minnesota Senator represents a very small percentage of the state. It is hard to imagine why he, representing a district heavily dependent on the environment for tourism would come out against clean air and water. Could it be that large campaign contributors made up of wealthy Republicans who moved to Florida to avoid Minnesota taxes shape his positions?
They CAN have a voice in government, provided they abandon pretty much their whole ideology, current crop of worthless legislators, and superiority complex. Barring that, they should have no access to power of any type, as they are a threat to themselves and others.
“Gazelka has suggested that Republicans need to have a voice in government.”
And they would if they could ever win another statewide race. A losing streak going back to 2006.
They are the political equivalent of Twins play off baseball…
“Gazelka has suggested that Republicans need to have a voice in government.”
Like a participation trophy?
It is so Minnesotan to desire following California (where folks are fleeing by the 100’s of thousands, working folks that is) and put in their ridiculous regulations. If only Government ran more of our lives, made our decisions for us, things would be so much better. If consumers want wind up electric cars in our winters, have at it. That is an individual decision, people in power should not be influencing that decision.
Mr. Smith–in your world, Minnesotans want to be living in California, and “want wind up electric cars in our winters” (your words). Not quite sure what kind of cars those would be…but of course, in Trump world, all you need to do is put out some right wing word salad and it’s all good! Right, Joe?
The real problem here is that Commissioner Bishop was a hard-working, competent, dedicated, centrist administrator that was trying to do her job in a polarized environment. As others in the comments above have noted, Gazelka is working overtime to try to make something out of nothing as he looks to the next gubernatorial election. It’s clear that he is desperately trying to burnish his right wing credentials with the extreme Republican Trumpist base. Unfortunately, the extreme right wing seems to be all that’s left of the Republican party.
I’m old enough to remember, and respect, Senator David Durenberger and Governor Arne Carlson. I did not always agree with them, but they were honest, and they put the well-being of the State of Minnesota above their own personal interests. I don’t think that Mr. Gazelka can say the same.
So, Mr. Smith, unless you go to Washington (just don’t try to assault the Capitol), then please respect our hard-working Minnesota leaders, like Commissioner Bishop. She did not make a bunch of money doing her job. She was subjected to constant pressure and abuse from your right-wing legislators. You and your kind can take a pathetic victory lap over forcing a good person out of her job. In the end, all that you and your kind have done is to show Minnesotans what the pathetic Trumpist right wing is really all about.
The senate should not be allowed to sit on nominations. If they are not rejected in a reasonable period of time, they should be considered confirmed.
The tradition had been that appointments were not voted on unless the Senate planned to reject them.
This tradition results in the senate having an undue influence in the operations of the executive branch of government, a clear violation of the separation of powers in the Minnesota Constitution. In order to comply with the constitution, the senated must take up nominations within a reasonable time after they are made by the governor. What is happening now clearly violates the framers intent.
Sounds like you should be on the MN Supreme Court with your knowledge of “intent. “
I’ve said it before but maybe it bears repeating… Senate Republicans are just throwing their little tantrum because their favorite toy (shut downs and threats of shuts downs) has been taken away from them by the courts. Remember Molnau? If ever a commissioner deserved to be fired she fit the bill, yet Republicans thought she was a real keeper. Whatever.
I think the rational response to any government shutdown is a tax strike. If the govenrment isn’t open, what is there to pay for?
I don’t understand why governor-appointed commissioners can’t be left alone during the governor’s term. When the Republicans are in control of the governor’s office they, too, can then appoint their own commissioners for the term. Gazelka and his obstructionist caucus are too transparently partisan and short-term oriented. A longer perspective for Minnesota would remove some of the ideological moves made by the Gazelka crowd with a Democratic governor.