California Attorney General Leads Coalition in Opposing NEPA Rule Rescission

California Attorney General Rob Bonta co-led a coalition of 18 attorneys general in submitting comment letters to federal agencies, urging them to refrain from rescinding regulations implementing the National Environmental Policy Act (NEPA). The rule changes, which take effect immediately, would largely eliminate existing NEPA regulations and replace them with non-binding procedures. The coalition argues that these rules will create significant environmental harm, reduce public participation, and lead to less-informed environmental decisions. They also argue that the rules are illegal and violate the Administrative Procedure Act, potentially leading to NEPA violations.

Key Takeaways:

• The coalition of 18 attorneys general, led by California Attorney General Rob Bonta, strongly opposes the proposed final rules that rescind NEPA regulations, arguing that they will create significant environmental harm and reduce public participation.
• The rules, which take effect immediately, would largely eliminate existing NEPA regulations and replace them with non-binding procedures, violating the Administrative Procedure Act.
• The coalition asserts that the rollback of NEPA regulations will strip communities of their voice and protection, allowing polluting projects to move forward without fully considering the environmental and health risks they pose.
• Excluding indirect and cumulative impacts from consideration in environmental reviews will create confusion in federal project planning, undermine consistent environmental oversight, and allow significant sources of greenhouse gas emissions to go unchecked.
• The coalition includes attorneys general from Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia, as well as Harris County, Texas.

Statistics:

• 18 attorneys general co-led by California Attorney General Rob Bonta submitted comment letters to federal agencies.
• 50 years since NEPA was enacted in 1969 as one of the nation's foremost environmental statutes.
• Federal actions (e.g., energy and infrastructure projects, management of federal public lands) require compliance with NEPA.

Sources:

• Office of the California Attorney General
• California Attorney General Rob Bonta
• Attorneys General of Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia, and Harris County, Texas.