Peter Feldman Nominated as CPSC Commissioner; Confirmation Will Create Republican Majority on Commission

On June 4, President Trump nominated Peter Feldman as Commissioner of the U.S. Consumer Product Safety Commission. As we previously reported, the recent Senate confirmation of Commissioner Dana Baiocco created a 2-2 split between Democrats and Republicans. If, as expected, Mr. Feldman is confirmed, the Commission will have a Republican majority for the first time in almost 12 years. This will presumably enable Acting Chairman Ann Marie Buerkle to steer the Commission toward policies and practices that reflect her regulatory philosophy.      

Mr. Feldman, if confirmed, will serve the remainder of former Commissioner Joseph Mohorovic’s term, which expires in October 2019. President Trump has already re-nominated him to then serve a full seven-year term, which could extend his tenure until October 2026. We expect that his path to confirmation will be far less protracted than that of Commissioner Baiocco, in part because he is well known to the Senate Committee on Commerce, Science, and Transportation. The hearing on his nomination has been scheduled for June 20. Mr. Feldman served as legal counsel for that committee since 2011, most recently as Senior Counsel. He is a graduate of American University’s Washington College of Law. Prior to his time at the Commerce Committee he held several other positions on Capitol Hill, serving on the staff of Senator Mike DeWine, the National Republican Congressional Committee and Senator John McCain’s presidential campaign.      
This blog was written by Dwight Stone at Miles & Stockbridge.

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