Attorney General Nessel Joins Coalition Calling on Federal Government to Protect, Uphold NEPA

LANSING — Michigan Attorney General Dana Nessel joined a coalition of 20 attorneys general in submitting a comment letter (PDF) opposing the Council of Environmental Quality (CEQ)’s interim final rule (Repeal Rule), which repeals CEQ's regulations implementing the National Environmental Policy Act (NEPA), the nation’s bedrock environmental law. The coalition argues that this unprecedented attempt by the Trump Administration undermines federal environmental and community protections by eliminating uniform requirements for federal agencies to analyze and consider environmental impacts of projects that involve federal land, funding, or approvals.  

“The Trump Administration’s illegal move threatens the well-being of Michigan residents and the health of our Great Lakes,” Nessel said. “These decades-old safeguards that require federal agencies to consider climate change and environmental justice impacts play a vital role in preserving our environment and protecting our communities. Abandoning them will leave our natural resources and public health at risk.” 

In the comment letter, the attorneys general argue that the Repeal Rule violates the Administrative Procedure Act, NEPA, and the Endangered Species Act. They warn the Repeal Rule will create uncertainty, delay project approvals, reduce public participation, and result in less-informed environmental decisions. CEQ’s NEPA regulations, first adopted in 1978, have remained unchanged for decades, playing a vital role in guiding federal agencies through environmental review processes. Eliminating CEQ’s NEPA regulations from the Code of Federal Regulations complicates federal and state coordination on environmental reviews and hinders public involvement in the process.  

In the comment letter, the coalition highlights that:  

• The current NEPA regulations have successfully safeguarded public health and the environment for decades. 
• The 30-day comment period does not provide the public sufficient opportunity to participate in the rulemaking and comment on the proposal.  
• The Repeal Rule is “arbitrary, capricious, an abuse of discretion” and “without observance of procedure required by law,” violating the Administrative Procedure Act. 
• CEQ did not adequately review the possible environmental harms of the Repeal Rule, as required by NEPA and the Endangered Species Act.  
• CEQ’s NEPA rules tell federal agencies how to comply with their statutory requirements under NEPA; although eliminating the regulations will not change the statutory requirements, it will cause chaos for environmental review of federal projects.  

Attorney General Nessel is joined by the attorneys general of Arizona, California, Colorado, Connecticut, District of Columbia, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, Wisconsin, and Harris County, Texas, in sending this comment letter.

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