Golden State Today

California Attorney General Rob Bonta, together with a coalition of 20 state attorneys general, has submitted a comment letter opposing the Council of Environmental Quality (CEQ)'s interim final rule, known as the Repeal Rule. The rule aims to repeal CEQ’s regulations for the National Environmental Policy Act (NEPA), which is a foundational law for environmental protection in the U.S. These regulations establish uniform requirements for federal agencies in assessing the environmental impacts of projects that involve federal land, funding, or approvals.

Attorney General Bonta criticized the “unprecedented attempt from the Trump Administration to undermine federal environmental and community protections” through the Repeal Rule. The coalition argues that this move violates several laws including the Administrative Procedure Act and the Endangered Species Act, and could create uncertainty, delay project approvals, reduce public participation, and lead to less-informed decisions on environmental matters.

“At every turn, the Trump Administration chips away at the protections that safeguard and improve the environment and the health of all Americans,” Bonta stated. Furthermore, he noted that the current attempt to change NEPA regulations could endanger public health and the environment, urging the administration to retract the rule.

The CEQ’s NEPA regulations, unchanged since their adoption in 1978, play a crucial role in federal agency environmental reviews. Eliminating these regulations could weaken environmental assessments and impact considerations on issues including environmental justice and climate change in California, complicating coordination between federal and state processes and hindering public involvement.

The coalition, which includes attorneys general from several states and Harris County, Texas, argues that the current NEPA regulations have effectively protected public health and the environment. They also believe the 30-day comment period provided is insufficient for public engagement. The Repeal Rule is deemed “arbitrary, capricious,” and procedurally flawed according to federal law. CEQ’s failure to properly examine potential environmental hazards related to the rule is highlighted as a critical oversight.

The comment letter was sent by Attorney General Bonta and his counterparts from Arizona, Colorado, Connecticut, District of Columbia, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, Wisconsin, and Harris County, Texas.

A copy of the comment letter is available for public viewing.