Boren, Cole oppose move to sever U.S. ties with Cherokee Nation

DeGiusti was nominated in February by President Bush for the position now held by U.S. District Judge Timothy Leonard, who will remain at the court on senior status.

DeGiusti, 44, is a 1988 graduate of the University of Oklahoma College of Law. He is a partner in the firm of Holladay, Chilton and DeGiusti, where his practice in state and federal courts includes commercial, military and employment law. He served in the U.S. Army's Judge Advocate General's Corps on active duty from 1990 to 1993, then for another 10 years in the JAG reserve.

He was recently given the highest rating by the American Bar Association.

The vote was 43-52 and fell largely along party lines, with most Republicans supporting it.

According to Inhofe's office, his amendment would have streamlined the permitting process for expanding existing refineries or constructing new ones, including ones that involved the production of alternative fuels.

Some opponents argued that Inhofe, R-Tulsa, was proposing breaks for oil companies that were enjoying historic profits.

Inhofe said his legislation only granted relief for distressed communities, Indian land or for cities that lost military bases.

"The American public is starving for affordable energy and it appears the Democrats' only answer is to tell them to go on a diet,” Inhofe said.