Confronted at his confirmation hearing by Senator Ed Markey (D-MA), Trump’s nominee to head the Environmental Protection Agency consistently refused to recuse himself from issues arising from the cases he himself had brought against the agency.

Markey pointed up the 19 cases Pruitt has filed against EPA, and the important point that eight of those cases are still open. He asked Pruitt to commit to recusing himself in those cases where he would be “plaintiff, prosecutor, judge, and jury.”

But rather than giving any reassurance, Pruitt pled that each matter would need individual review and that he would “consult with EPA ethics council and follow their advice.”

Markey pressed Pruitt on the point, saying that in refusing to step away from cases he brought, he threatened to make the EPA “every polluters ally” and that this wasn’t just a matter of “the fox guarding the hen house,” but “the fox destroying the hen house.”

Pruitt kept insisting that he would discuss cases with the EPA ethics council and recuse himself as instructed, but refused to commit to recuse himself in matters where he is currently suing the EPA.

Much of Pruitt’s hearing has been divided between Republicans alternately attacking the Waters of the United States standards (and in the case of Midwestern Republicans, putting ethanol commitments over everything else) while Democrats have consistently raised the suits Pruitt launched against mercury regulations, and pointed up his lack of any action against polluters.