Attorney General Nessel Urges Federal Agencies to Halt NEPA Regulation Rescission

Strategic Insights -

Michigan Attorney General Dana Nessel has joined a coalition of 17 attorneys general and the District of Columbia in urging federal agencies to halt the rescission of National Environmental Policy Act (NEPA) regulations. The coalition argues that the rules will create significant environmental harm, reduce public participation, and lead to less-informed environmental decisions. The regulations, which take effect immediately, largely eliminate existing NEPA rules and replace them with non-binding procedures.

Key Takeaways:

  • The coalition of 18 entities, including Michigan Attorney General Dana Nessel, has submitted comment letters to five federal agencies urging them to refrain from moving forward with the proposed rules rescinding NEPA regulations.
  • The rules will strip communities of their voice and protection, allowing polluting projects to move forward without fully considering environmental and health risks.
  • The proposed rules are deemed "arbitrary, capricious, an abuse of discretion" and "without observance of procedure required by law," violating the Administrative Procedure Act.
  • Excluding indirect and cumulative impacts from consideration in environmental reviews will create confusion in federal project planning, undermine consistent environmental oversight, and allow significant greenhouse gas emissions to go unchecked.
  • The coalition argues that the rules violate the NEPA and will lead to significant environmental harm to communities nationwide.
  • The comment letters were submitted to the Department of Agriculture, Department of Defense, Department of Energy, Department of the Interior, and Department of Transportation.
  • The coalition includes attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Oregon, Rhode Island, Washington, and Vermont, as well as the District of Columbia and Harris County, Texas.

Statistics:

  • 18 entities have joined the coalition to submit comment letters to federal agencies.
  • The proposed rules will largely eliminate existing NEPA regulations which were enacted in 1969.
  • The Department of Agriculture, Department of Defense, Department of Energy, Department of the Interior, and Department of Transportation are the federal agencies affected by the proposed rules.
  • 5 federal agencies have received comment letters from the coalition urging them to halt the rescission of NEPA regulations.

Sources:

  • Michigan Attorney General Dana Nessel, Press Release, August 5 (PDF)
  • Department of Agriculture (PDF)
  • Department of Defense (PDF)
  • Department of Energy (PDF)
  • Department of the Interior (PDF)
  • Department of Transportation (PDF)
  • National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.)