Attorney General Nick Brown has led a coalition of 19 attorneys general in opposing the interim final rule by the Council of Environmental Quality (CEQ) which repeals regulations implementing the National Environmental Policy Act (NEPA). NEPA, established by former Washington Senator Henry M. "Scoop" Jackson, requires federal environmental impact studies before significant actions are undertaken.
Since 1978, CEQ regulations have guided federal compliance with NEPA, covering environmental impact analysis for projects on federal land or those needing federal approval. NEPA ensures thorough review for major activities like power plants and pipelines. The repeal allows a 30-day public comment period but is seen as an "unprecedented attempt" to undermine federal environmental review without substantial public input.
The attorneys general argue in a comment letter that this repeal violates the Administrative Procedure Act, Endangered Species Act, and NEPA itself, warning it could delay project approvals, reduce public participation, and lead to less-informed environmental decisions.
NEPA was introduced by Jackson in 1968, passed with bipartisan support, and signed into law by President Richard Nixon on January 1, 1970. Known as “the Magna Carta of the nation’s environmental laws,” NEPA’s regulations have remained unchanged since 1978. The abandonment of NEPA regulations could lead to weaker environmental reviews and hastened project approvals.
Attorney General Brown’s comment letter was co-signed by attorneys general from Arizona, California, Colorado, Connecticut, the District of Columbia, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, and Wisconsin. Further information can be accessed on the Washington Attorney General’s website.