Democratic AGs Urge Federal Agencies to Halt Rollback of NEPA Regulations

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  • Eighteen Democratic AGs have submitted formal comment letters to several federal agencies urging them to withdraw recently issued final rules that rescind regulations implementing National Environmental Policy Act (NEPA) review procedures. The rules largely eliminate existing NEPA regulations and adopt discretionary frameworks in their place.
  • In letters submitted to the ​​Department of Agriculture, Department of Defense, Department of Energy, Department of the Interior, and Department of Transportation, the AGs argue that these recissions threaten to undermine environmental protection nationwide, and that the rules violate the Administrative Procedure Act and fail to comply with NEPA’s requirements.
  • The AGs ask the agencies to repeal their rules and issue new NEPA regulations after undertaking notice and comment, as required by the APA.
  • This action follows related efforts by Democratic AGs, including comments submitted by 19 Democratic AGs opposing the interim final rule rescinding NEPA regulations, and comments by 18 AGs supporting the Biden administration’s partial restoration of other NEPA rules.

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