Press Releases
03/11/2020
Attorney General Tong Denouces Unlawful Proposal to Undermine National Environmental Policy Act
(Hartford, CT) -- Attorney General William Tong joined a coalition of 20 attorneys general today in filing a comment letter opposing the Trump Administration’s proposed rule to undercut implementation of the National Environmental Policy Act (NEPA). The proposal by the Council on Environmental Quality (CEQ) would sharply curtail requirements under NEPA that federal agencies review and assess the impact of their actions on the environment. The proposal would weaken implementation of one of the nation’s preeminent tools for combatting environmental harms, safeguarding public health, and protecting communities from pollution. In their comment letter, the coalition argues that the proposed changes to NEPA’s regulations are unlawful, unjustified, and should be withdrawn.
“This proposal takes a hack saw to over half a century of environmental protections, blatantly ignoring science and reality. We have an obligation to understand the impact of our actions—particularly major energy and infrastructure projects-- on the environment and to consider all possible alternatives and mitigation measures. This is yet another insidious effort by the Trump Administration to gut environmental laws in favor of corporate interests, with serious consequences for public health and wellbeing,” said Attorney General Tong.
Enacted in 1969, NEPA is one of the nation’s foremost and most successful environmental statutes. NEPA requires that before any federal agency undertakes a “major federal action significantly affecting the quality of the human environment,” it must consider the environmental impacts of the proposed action, alternatives to the action, and any available mitigation measures. Numerous federal actions, from the approval of significant energy and infrastructure projects to key decisions concerning the management of federal public lands, require compliance with NEPA. CEQ’s proposed rule would upend the ability of federal agencies to comprehensively evaluate the impacts of their actions on the environment and public health.
In the comment letter, the coalition asserts that the proposed rule:
• Violates NEPA and the Administrative Procedure Act;
• Relies on a deficient rulemaking process that shuts out public participation by providing insufficient notice and limited opportunity for public comment;
• Limits the scope of impacts considered in environmental reviews, including the impact of greenhouse gas emissions; and
• Unlawfully and unjustifiably limits the requirement that an agency evaluate reasonable alternatives.
Attorney General Tong joined the attorneys general of California, Delaware, Guam, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia in filing the comment letter.
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