Michigan Attorney General Dana Nessel, along with a coalition of attorneys general from 17 states, the District of Columbia, and Harris County, Texas, has recently made a push to prevent federal agencies from implementing new rules that could undermine the National Environmental Policy Act (NEPA). According to a statement on the Michigan government's official website, these proposed rules are set to replace existing NEPA regulations with what is described as a "patchwork of “non-binding” procedures." Nessel and her colleagues believe this move has the potential to significantly harm the environment, reduce public engagement, and result in less-informed decision-making processes.
The NEPA regulations, which have been in place since 1969, require that federal agencies consider the environmental impact of their prospective actions, along with any feasible alternatives or mitigation measures. The coalition is now urging agencies to refrain from proceeding with rules that would directly go against these established regulations. They argue that these changes could cause "significant environmental harm" and illegally sidestep the Administrative Procedure Act. AG Nessel voiced her concerns, stating, "Michigan to have our voice heard in federal decisions that affect our Great Lakes and natural resources," in a spirited defense of the current regulations designed to protect both the environment and the public interest, as reported by the Michigan official website.
In their submitted comment letters, the coalition has outlined several key objections. They assert that the rollback of the NEPA regulations would "strip communities of their voice and protection," and enable environmentally hazardous projects to proceed without adequately assessing the related health and environmental risks, as mentioned by the state's official website. Such action is seen as a gateway for significant greenhouse gas emissions to escape proper scrutiny, undermining essential environmental oversight.
By including the voices of attorneys general spanning from Arizona to Vermont and encompassing various regions including the District of Columbia and Harris County, Texas, this collective action represents widespread concerns over the proposed changes. The comment letters emphasize that the new rules are "arbitrary, capricious, an abuse of discretion," and fail to "observance of procedure required by law," charging them with violation of the Administrative Procedure Act, as noted by the Michigan official website.
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