Heinrich Statement on Defiance of Bipartisan Cooperation, Departure of Decades of Precedent on ENR Committee, Opposition to FERC Nominees

Ranking Member Heinrich: "I have talked with past Chairs and Ranking Members of this Committee and confirmed that this is not how this Committee has operated in the past"

WASHINGTON - In his opening statement during a business meeting on the U.S. Senate Energy and Natural Resources Committee to consider pending nominations and legislation, U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the Committee, criticized Chairman Mike Lee's (D-Utah) lack of willingness to engage in good faith negotiation and his departure from the Committee's longstanding history of bipartisan cooperation.

Additionally, Heinrich opposed Laura Swett and David LaCerte's nominations for Federal Energy Regulatory Commission (FERC), noting the Trump Administration's lack of willingness to follow the rule of the law.

VIDEO: U.S. Senator Martin Heinrich (D-N.M.) delivers opening remarks at a hearing to consider pending nominees and legislation before the Senate Energy and Natural Resources Committee, September 11, 2025.

"While I am glad to see an effort to move legislation out of this committee, this agenda was not the result of collaboration or even consultation between the majority and minority, as has been the longstanding practice on this Committee," Heinrich stated, noting Chairman Lee's unwillingness to cooperate with the minority in setting the hearing's agenda.

"Unfortunately, this tradition of bipartisan collaboration and cooperation has been hitting some rocky waters. In a stark departure from the past practices of this committee under both Democratic and Republican leadership, the agenda for this business meeting was not the product of negotiation," Heinrich continued. "Instead, the agenda was dictated by the Chairman alone, with no consultation at all on what the priorities of the minority are and where common ground might be found.

"I have talked with past chairs and with past ranking members of this committee and confirmed that this is not how this committee has operated in the past. I get it, life in the minority means that you don't often get your way; but in my experience, the majority at least asks what your way looks like. Instead, it seems the Chairman intends to run this committee unilaterally. Unfortunately, I'm afraid that endangers the committee's long track-record of accomplishing great things."

A video of Heinrich's opening remarks can be found here.

A transcript of Heinrich's remarks as delivered is below:

Thank you, Mr. Chair.

Before we turn to the work of this Committee today, I want to take a moment to address the horrific act of political violence that we witnessed yesterday.

There is no place, none, for political violence in this country.

It is absolutely and always wrong - no matter who it targets, what their views may be, or how deeply we disagree with them.

And it is not enough to condemn political violence only when it is directed at those we agree with. We must condemn political violence just as strongly when it is directed at those we disagree with.

So, my thoughts are with Charlie Kirk's family, with his friends, some of whom are friends of mine, during this difficult time.

The first two items on today's agenda are the nominations of Ms. Laura Swett and David LaCerte to be members of the Federal Energy Regulatory Commission.

By law, the Commission is structured to be both independent and bipartisan, and to have Members who have knowledge and experience with the industries that they regulate and the issues facing the Commission.

The Commission's independence, its bipartisanship, and its Members' expertise have always been part of its strength. They have contributed to, rather than detracting from, the making of good energy policy.

And I believe Ms. Swett has the necessary qualifications for this job.

She worked at FERC for 5 years, as a lawyer in the Office of Enforcement and as a senior advisor to Chairman McIntyre and to Commissioner McNamee. She has spent the last 5 years practicing energy law at respected firms.

In normal times, I would have supported her nomination. And I have told her this.

But these are not normal times. This Administration is issuing illegal stop work orders on fully permitted projects. They are creating a grid crisis, they are killing good union jobs, and they are raising electricity prices. And until they are willing to comply with the letter of the law, it will be difficult for me to support their nominations.

Mr. LaCerte, on the other hand, does not meet the basic statutory requirements. He has little or no experience with the complexities of our energy industries and markets, or with the intricacies of our energy laws.

As the Supreme Court said in 1935, the work of our independent regulatory commissions demands people who have knowledge of both regulatory requirements and the practical affairs of the industries that they regulate.

A Commissioner's seat is not a place for on-the-job training or to acquire the knowledge and experience that Ms. Swett has spent the last 10 years of her professional life acquiring.

For these reasons, I will vote no on both nominations.

We also have three public lands bills on today's agenda.

While I am glad to see an effort to move legislation out of this committee, this agenda was not the result of collaboration or even consultation between the majority and minority, as has been the longstanding practice on this committee.

In fact, the Energy and Natural Resources Committee has a long tradition of bipartisan cooperation going back decades, including the four former chairs and ranking members who still serve on this committee.

I have always admired the bipartisan way this committee has functioned under that past leadership-in no small part because it has allowed us to get a great deal done.

And although it's never been easy, this committee has produced landmark legislation again and again-the 2009 and 2014 public lands packages; the Dingell Act; the 2020 Energy Policy Act; the Bipartisan Infrastructure Bill; and the Great American Outdoors Act; and more.

As a member of this committee, I have been glad to partner with Chairman Lee on geothermal policy, with Senator Murkowski on sportsmen's issues, with Senator Daines to improve the Continental Divide Trail that connects our two states, and with Senator Risch on hardrock mine cleanup. Unfortunately, this tradition of bipartisan collaboration and cooperation has been hitting some rocky waters.

In a stark departure from the past practices of this committee under both Democratic and Republican leadership, the agenda for this business meeting was not the product of negotiation.

Instead, the agenda was dictated by the Chairman alone, with no consultation at all on what the priorities of the minority are and where common ground might be found.

I have talked with past chairs and with past ranking members of this committee and confirmed that this is not how this committee has operated in the past.

I get it, life in the minority means that you don't often get your way; but in my experience, the majority at least asks what your way *looks like*.

Instead, it seems the Chairman intends to run this committee unilaterally. Unfortunately, I'm afraid that endangers the committee's long track-record of accomplishing great things.

So, I am glad to support S. 909, to convey certain Federal Land in Arizona to La Paz County, Arizona.

I also support S. 472, to provide for the establishment of a Ski Area Fee Retention Account, though I understand that there are still a few technical details that need to be worked out before this bill moves to consideration by the full Senate.

I am not able to support S. 1453 today, and will be asking for a roll call vote on it. But I hope to be able to support it on the floor if we can find a path forward for our democratic priorities as well.

Thank you, Mr. Chairman.

###