Five AGs Criticized Proposed Changes to U.S. Forest Service NEPA Regulations

AUGUST 26, 2019

California Attorney General Xavier Becerra led a coalition of five attorneys general in filing comments objecting to a proposed rule that would dramatically scale back National Environmental Policy Act (NEPA) environmental impact analysis and public input requirements for many actions undertaken by the U.S. Forest Service. The coalition noted that while the Forest Service framed its proposal as part of an effort to address the rising threat of wildfires, the proposed rule “does not consider or account for a primary cause of the increased intensity of wildfires – climate change.” The attorneys general warned that the proposal “recklessly expands the number of categorical exclusions” exempting actions from review under NEPA. If finalized, the proposal would allow the Forest Service to undertake actions with potentially significant impacts “under the presumption that environmental analysis is unnecessary,” and eliminate the opportunity for the public to contest such a presumption.