California Attorney General Rob Bonta has filed a motion to intervene in the U.S. District Court for North Dakota, co-leading a coalition of 14 attorneys general. The aim is to defend the U.S. Council on Environmental Quality (CEQ)'s revised regulations implementing the National Environmental Policy Act (NEPA). These regulations, finalized on May 1, 2024, restore comprehensive environmental review of proposed federal actions that were weakened by regulations adopted during the Trump Administration in 2020.
The current Rule is being challenged by 20 states led by Iowa and North Dakota, which seek to revert to the 2020 Rule. This reversion, according to Bonta and his coalition, would cause significant harm to public health, wildlife populations, and environmental quality.
“Any attempt to undermine NEPA puts our nation at risk of falling further behind in our fight against climate change, environmental harm, and environmental injustice,” said Attorney General Bonta. “That’s why I, alongside attorneys general nationwide, are filing this motion to intervene to defend robust NEPA regulations that not only implement strong environmental protections but provide long-overdue infrastructure updates that benefit our communities and the economy.”
CEQ’s regulations implementing NEPA were first adopted in 1978 and remained unchanged until they were altered in 2020 by the Trump Administration. The changes limited decision-makers' and the public's ability to review the environmental effects of proposed federal actions. The Biden-Harris Administration's Rule reversed these changes and requires federal agencies to consider whether proposed projects will exacerbate climate change or disproportionately impact environmental justice communities. It also streamlines NEPA review for environmentally beneficial clean energy projects.
The coalition's motion expresses strong support for the Rule as it aims to:
- Accelerate review for projects geared towards bringing environmental benefits such as solar energy storage and electric vehicle chargers.
- Improve the efficiency and effectiveness of environmental reviews.
- Protect communities that often bear the brunt of pollution.
Attorney General Bonta is joined in this effort by attorneys general from Colorado, Illinois, Maine, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Washington, Wisconsin; as well as representatives from the District of Columbia and New York City.
A copy of the motion can be found here.