Skip to main content

Attorney General Nessel Strongly Urges Federal Agencies to Halt Unlawful Rescission of NEPA Regulations

LANSING — Michigan Attorney General Dana Nessel joined a coalition of 17 attorneys general, the District of Columbia, and Harris County, Texas, in submitting comment letters to the Department of Agriculture (PDF), Department of Defense (PDF), Department of Energy (PDF), Department of the Interior (PDF), and Department of Transportation (PDF), strongly urging all federal agencies to refrain from moving forward with their proposed final rules that rescind regulations implementing the National Environmental Policy Act (NEPA). The rules, which take effect immediately, largely eliminate the agencies’ existing NEPA regulations and replace them with a patchwork of “non-binding” procedures. In the comment letters, the coalition argues that these rules will create significant environmental harm to communities nationwide, reduce public participation, and lead to less-informed environmental decisions.  The coalition also argues that the rules are illegal and violate the Administrative Procedure Act and will lead to violations of NEPA.

“Unlawfully rolling back NEPA’s longstanding regulations would make it harder for Michigan to have our voice heard in federal decisions that affect our Great Lakes and natural resources,” Nessel said. “It would create confusion and limit our ability to fully understand how major projects will impact our state. I stand with my colleagues in defending these rules that protect our environment and communities.”

Enacted in 1969, NEPA is one of the nation’s foremost environmental statutes. NEPA requires that before any federal agency undertakes a “major federal action significantly affecting the quality of the human environment,” it must consider the environmental impacts of the proposed action, alternatives to the action, and any available mitigation measures. Numerous federal actions, from the approval of significant energy and infrastructure projects to key decisions concerning the management of federal public lands, require compliance with NEPA.

In the comment letters, the coalition writes that: 

  • Rolling back NEPA regulations would strip communities of their voice and protection, allowing polluting projects to move forward without fully considering the environmental and health risks they pose to the people who live nearby.
  • The rules are “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 would create confusion in federal project planning, undermine consistent environmental oversight, and allow significant sources of greenhouse gas emissions to go unchecked.

In submitting the comment letters, Attorney General Nessel joins the attorneys general of 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.

###

Media Contact: