Maryland Attorney General Joins Coalition Urging EPA to Halt Proposed NEPA Rule Changes

BALTIMORE, MD – Maryland Attorney General Anthony G. Brown, along with 13 other state attorneys general, has formally urged the U.S. Environmental Protection Agency (EPA) to abandon a proposed rule that would alter regulations implementing the National Environmental Policy Act (NEPA). The coalition argues that the suggested changes would significantly weaken environmental protection by diminishing the consideration of negative impacts from federal projects, restricting public participation in environmental reviews, and complicating coordination between federal and state environmental oversight.

The attorneys general contend that the proposed rule could lead to adverse environmental consequences across the nation and result in less informed decision-making regarding environmental issues. Their formal comment letter asserts that the rule is not only detrimental to environmental health but also legally unsound, violating both the Administrative Procedure Act (APA) and NEPA itself.

NEPA, established in 1969, is a cornerstone of federal environmental law. It mandates that federal agencies thoroughly examine the environmental and human health impacts of major federal actions that could significantly affect the environment before proceeding, and it requires seeking public input. The EPA plays a role in reviewing environmental impact statements prepared by other agencies for significant energy, transportation, and infrastructure projects.

According to the coalition’s letter, the proposed amendments would disempower communities by allowing major federal projects to advance without a full assessment of the environmental and health risks they pose to nearby residents. Furthermore, the attorneys general argue that the rule is arbitrary and capricious, and that the EPA has failed to adequately justify its departure from long-standing standards for public involvement and environmental impact consideration.

The attorneys general also expressed concern that the EPA’s proposal to exclude indirect and cumulative impacts from environmental reviews would create confusion in the planning of federal projects, undermine consistent environmental oversight, and allow substantial sources of greenhouse gas emissions to proceed without proper scrutiny. The coalition submitting the comment letter includes the attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Massachusetts, Minnesota, New York, Oregon, Vermont, and Washington.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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