Republican opposition to Hayes' nomination was led by Sen. Bob Bennett of Utah, who expressed anger over Interior Secretary Ken Salazar's recent decision to revoke 77 oil and gas leases in Utah. He was joined by Sen. Lisa Murkowski, R-Alaska, who raised questions about the administration's plans for oil and gas development and objected to recent reversals of several Bush-era rules on endangered species and mountaintop mining.
Senate Democrats, who were joined by Salazar at the Capitol on Wednesday, said the move was an effort to stall the new administration from carrying out its agenda.
Near the top of the list is cleaning up a department that in recent years has been embroiled in scandals that included contract rigging and instances of employees having romantic relationships with workers at oil companies doing business with the government.
"It may be uncomfortable for some to watch us have to clean up mess after mess _ from corruption to lawbreaking _ that is the previous administration's legacy at Interior, but to cast a vote against such a qualified and fine person is the height of cynicism," Salazar said in a statement following the vote.
Majority Whip Dick Durbin, D-Ill., said Democrats would make a second attempt to gain 60 votes as soon as next week. Three Democrats _ Sens. Barbara Mikulski of Maryland as well as Sens. John Kerry and Edward M. Kennedy of Massachusetts _ did not vote. Their presence would have left Hayes with 60 votes, the total needed to overcome GOP objections.
"With their votes next week he will be approved," Durbin told reporters.