Great Lakes Wire

Michigan Attorney General Dana Nessel has joined forces with 20 other state attorneys general to challenge the Council of Environmental Quality's (CEQ) interim final rule, also known as the Repeal Rule. The coalition has issued a comment letter opposing the rule, which rescinds CEQ's regulations implementing the National Environmental Policy Act (NEPA), a foundational environmental law in the United States. The group contends this revocation by the Trump Administration compromises federal environmental and community safeguards by eliminating standardized requirements for assessing environmental impacts of federally related projects.

"The Trump Administration’s illegal move threatens the well-being of Michigan residents and the health of our Great Lakes," Nessel warned. "These decades-old safeguards that require federal agencies to consider climate change and environmental justice impacts play a vital role in preserving our environment and protecting our communities. Abandoning them will leave our natural resources and public health at risk."

The attorneys general assert in their comment letter that the Repeal Rule is in violation of the Administrative Procedure Act, NEPA, and the Endangered Species Act. They caution that the rule might lead to project approval delays, reduce public engagement, and produce less informed environmental decisions. CEQ's NEPA regulations, established in 1978, have historically assisted federal agencies in conducting environmental reviews. The removal of these regulations from the Code of Federal Regulations is foreseen to complicate federal and state environmental coordination and public involvement.

The letter emphasizes several points:

- The current NEPA regulations have protected public health and the environment for decades.

- The 30-day comment period is insufficient for public participation in the rulemaking process.

- The Repeal Rule is described as "arbitrary, capricious, an abuse of discretion" and "without observance of procedure required by law," violating the Administrative Procedure Act.

- CEQ failed to adequately consider potential environmental harms under NEPA and the Endangered Species Act.

- CEQ’s NEPA rules guide federal agencies on statutory compliance; removing these regulations will create disorder in the environmental review of federal projects.

Attorney General Nessel allies with her counterparts from Arizona, California, Colorado, Connecticut, the District of Columbia, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, Wisconsin, and Harris County, Texas, submitting the comment letter.