Democratic AGs Oppose CEQ’s Repeal of NEPA Regulations

Cozen O'Connor
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  • Nineteen Democratic AGs and the Harris County Attorney (Houston, Texas) have submitted comments opposing the President’s Council on Environmental Quality’s (CEQ) Interim Final Rule (Proposed Rule), which would repeal CEQ’s regulations implementing the National Environmental Policy Act (NEPA).
  • In their comments, the AGs assert that Congress enacted NEPA to advance a national policy of environmental protection by requiring federal agencies to carefully evaluate the environmental impacts of their actions. They urge CEQ to withdraw the Proposed Rule, warning that removing the NEPA regulations would unravel decades of precedent, sideline congressional intent, harm states’ interests, and violate multiple laws. Specifically, the AGs contend the Proposed Rule is arbitrary and capricious, procedurally deficient under the Administrative Procedure Act, and conflicts with both NEPA and the Endangered Species Act.
  • The NEPA regulations were previously rolled back in 2020 under the first Trump Administration and partially restored during the Biden Administration—a move supported by 18 Democratic AGs in a previous comment letter.

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