Mass. A.G. Healey Sues the Trump Administration Over Reckless Plan to Gut the National Environmental Policy Act

BOSTON, Massachusetts, Aug. 29 -- Massachusetts Attorney General Maura Healey issued the following news release on Aug. 28:

Massachusetts Attorney General Maura Healey today joined a coalition of 27 states, territories, cities and agencies in suing the Trump Administration over its recently finalized rule gutting the National Environmental Policy Act (NEPA), a federal law that requires federal agencies to comprehensively assess the impact of their actions on the environment.

The states' complaint, filed today in the Northern District of California against the Council on Environmental Quality (CEQ), argues that the rule violates NEPA and the Administrative Procedure Act. As the first major amendment to the NEPA regulations in more than 30 years, the rule drastically curtails environmental reviews for projects undertaken, permitted, or funded by virtually every federal agency. The rule will have significant repercussions for states, the complaint alleges, including by causing inadequate consideration of climate and environmental justice impacts. CEQ also failed to provide any reasoned basis or data in support of its drastic change or even follow the requirements of NEPA itself in promulgating the rule.

"In the midst of a devastating pandemic and climate crisis, it is imperative for our government to address the impacts of its actions in our most vulnerable communities," AG Healey said. "And yet, to benefit his development and fossil fuel industry friends, President Trump is pushing forward a damaging and unlawful rule that will undermine our nation's cornerstone environmental law and exacerbate the existing health disparities for our Black and Brown communities. We are challenging this unlawful and harmful rule to protect federal law, public health, and the environment in Massachusetts and beyond."

A vast array of federal actions require compliance with NEPA, from the approval of significant energy and infrastructure projects to key decisions concerning the management of federal public lands. By ensuring agencies take a "hard look" at their actions, NEPA has led to better, more informed decisions and has given affected communities a voice in the decision-making process. But the rule will dramatically limit and reduce the number and types of projects subject to NEPA review, constrain and narrow the scope of impacts and alternatives considered, and drastically curtail or eliminate analysis of greenhouse gas emissions and climate impacts. The rule would also limit important avenues for public participation in the NEPA process, and rather than streamline review, will only increase uncertainty and litigation.

In March, AG Healey joined a coalition of 20 attorneys general in calling on the Trump Administration to abandon its proposed rule gutting NEPA. In May, AG Healey issued a brief on the environmental factors, including elevated exposure to such air pollution, that compound the COVID-19 pandemic's disparate impact on communities of color in Massachusetts, and the steps the state should take to address the longstanding impact of environmental injustice on the state's families.

Joining AG Healey in filing today's lawsuit are the attorneys general of California, District of Columbia, Colorado, Connecticut, Delaware, Guam, Illinois, Maine, Maryland, Michigan, Minnesota, North Carolina, New Jersey, New Mexico, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, Harris County, Texas, City of New York, Connecticut Department of Energy and Environmental Protection, and New York State Department of Environmental Conservation.

This matter is being handled by Assistant Attorneys General Turner Smith and Matthew Ireland and Division Chief Christophe Courchesne, all of AG Healey's Environmental Protection Division.