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BALTIMORE, MD – Attorney General Anthony G. Brown today joined a coalition of 14 attorneys general and Harris County, Texas, in a comment letter opposing a proposal by the U.S. Nuclear Regulatory Commission (NRC) that would unlawfully ignore foreseeable environmental impacts from nuclear power projects and severely limit public participation.
The NRC has proposed changes to how it conducts National Environmental Policy Act (NEPA) reviews of projects, changes that the coalition say would come at the expense of environmental and economic information, public participation, and transparency. The NRC has conceded in its Regulatory Analysis for the Proposed Rule that the changes will likely reduce public confidence in the safety and security of nuclear power.
The NRC’s mission emphasizes its obligation to protect “public health and safety” while regulating nuclear energy technologies for the “benefit of society and the environment.” And yet, the commission’s proposed rule limits the environmental impacts the NRC would consider, including environmental justice issues and climate change, removes public participation opportunities at key stages of the environmental review process, and restricts analysis of alternatives to a proposed action.
In its letter, the coalition argues that the proposed rule would be arbitrary and capricious and violate the clear requirements of NEPA
Additionally, the proposal would cut out meaningful opportunities for the public to participate in the environmental review process, which is one of the “twin aims” of NEPA. The NRC’s proposed rule would require solicitation of public comment only on the notice of intent to prepare an environmental impact statement and would not require that the NRC respond to public comments. That heightens the possibility of overlooking or disregarding potentially significant environmental harms.
“By curtailing opportunities for public involvement, the Proposed Rule if enacted strikes at the heart of NEPA’s purpose and environmental review requirements,” the coalition wrote in the letter.
The coalition is asking that the NRC withdraw the proposed rule or, failing that, revise the rule to meet its obligations under the law, including the commission’s responsibilities to protect the environment and the public and provide sufficient analysis and justification of the changes the commission wants to make.
Joining Attorney General Brown in filing the letter are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, New Mexico, New York, Oregon, Vermont, and Washington. Harris County, TX, also joined the letter.
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