Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul joined a coalition of 19 attorneys general in submitting a comment letter opposing the Council of Environmental Quality’s (CEQ) attempt to repeal CEQ's regulations implementing the National Environmental Policy Act (NEPA). CEQ's regulations impose uniform requirements for federal agencies complying with NEPA, including analysis and consideration of the environmental impacts of projects that are located on federal land, receive federal funding or need federal approvals. 

CEQ’s Repeal Rule is an unprecedented attempt by the Trump Administration to undermine federal environmental and community protections, by aiming to completely eliminate CEQ’s regulations. CEQ’s regulations implementing NEPA were first adopted in 1978 and remained unchanged for decades. Without CEQ’s NEPA regulations, federal agencies may weaken their environmental review of federal projects and refuse to consider and evaluate potential harmful impacts to expedite project approvals. 

“The Repeal Rule will unlawfully undermine informed and transparent decision-making in federal actions required by NEPA, harming public health and the environment both within Illinois and nation-wide,” Raoul said. “I will continue to advocate across state lines to preserve these necessary protections.” 

In their comment letter, Raoul and the attorneys general argue the rule violates the Administrative Procedure Act, NEPA and the Endangered Species Act. Eliminating CEQ’s NEPA regulations complicates federal and state coordination on environmental reviews and hinders public involvement in the process. The letter also states it will create uncertainty that will delay project approvals, reduce public participation and lead to less-informed environmental decisions. 

Raoul and the coalition highlight in the comment letter that:   

• The current NEPA regulations have successfully safeguarded the environment and public health for decades.
• The 30-day comment period does not provide the public sufficient opportunity to participate in the rulemaking and comment on the proposal. 
• The Repeal Rule is “arbitrary, capricious, an abuse of discretion” and “without observance of procedure required by law.”
• CEQ did not adequately review the possible environmental harms of the rule, as required by NEPA and the Endangered Species Act. 
• CEQ’s NEPA rules tell federal agencies how to comply with their statutory requirements under NEPA, thus eliminating the regulations will not change the statutory requirements but instead cause chaos for environmental review of federal projects.  

Joining Raoul in sending the letter are the attorneys general of Arizona, California, Colorado, Connecticut, District of Columbia, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, Wisconsin and Texas.