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Restore the People’s Environmental Law

Delivery to the Council on Environmental Quality

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What’s At Stake

The National Environmental Policy Act (NEPA), often referred to as the people’s environmental law, gives impacted communities the voice and the agency to determine which projects are built in their neighborhoods. In July 2020, the Trump administration gutted the law by providing public review exemptions for numerous projects, limiting public input, and allowing federal agencies to issue permits without considering long-term climate impacts. Now, the Biden administration can reverse these harmful provisions and ensure environmental justice communities can continue utilizing the law as a legal recourse to fight for clean air, clean water, and land free from contaminants and pollution. Please join us in contacting the Biden administration and telling it that NEPA must be strengthened to protect our communities! 

Arecibo, Puerto Rico
Alejandro Davila / Earthjustice

For six years, Arecibo residents have used NEPA to halt a waste-to-energy incinerator, which a corporation wants to build in an area already contaminated with lead, arsenic and other heavy metals.

Your Actions Matter

Your messages make a difference, even if we have leaders who don't want to listen. Here's why.

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You level the playing field.

Elected officials pay attention when they see that we are paying attention.

They may be hearing from industry lobbyists left and right, but hearing the stories of their constituents — that’s your power.

Our legislators serve at the pleasure of the people who gave them their job — you. When you contact your elected official, you’re putting a face and a name on an issue. Whether or not you voted for them, they work for you, for the duration of their term.

Make sure your elected officials know whose community and whose values they represent. (Find your local, state, and federal elected officials.)

Your action is with us in court.

If a federal agency finalizes a harmful action, the record of public comments provides a basis for bringing them into court.

Throughout each of the public comment periods we alert you to, Earthjustice’s attorneys are researching and writing in-depth, technical comments to submit — detailing how the regulation could and should be stronger to protect the environment, our communities, and our planet.

We need you to join us — your specific experiences, knowledge, and voice are crucial to add to the Administrative Record through the comment periods.

Lawsuits we file that challenge weak or harmful federal regulations rely on what was submitted during the comment period. The court can only look at documents that are in the Administrative Record — including the public comments — to decide if the agency did something improper.

Your actions aid our litigation. Taking action and submitting comments during a comment period is substantively important.

It’s the law.

Federal agencies must pause what they’re doing and ask for — and consider — your comment.

Many of us may have never heard of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), but laws like these require our government to ask the public to weigh in before agencies adopt or change regulations.

Regulations essentially describe how federal agencies will carry out laws — including decisions that could undermine science, or weaken safeguards on public health.

Public comments are collected at various points throughout the federal government’s rulemaking process, including when a regulation is proposed and finalized. (Learn more about the rulemaking process.) These comments become part of the official, legal public record — the “Administrative Record.”

When the public responds with a huge outpouring of support for environmental protections, these individual messages collectively undercut politicians' attempts to claim otherwise.

What this means is each of us can take a role in shaping the rules our government creates — and ensuring those rules are fair and effective.