California Attorney General Rob Bonta has joined a coalition of attorney generals in submitting a comment letter to the US Department of Energy (DOE) opposing its Notice of New Categorical Exclusion (CatEx) for Advanced Nuclear Reactors.
In February, DOE established a new Categorical Exclusion under the National Environmental Policy Act (NEPA) specifically for advanced nuclear reactors. It allows DOE to bypass the requirement for a full Environmental Assessment (EA) or Environmental Impact Statement (EIS) for the authorisation, siting, construction, and operation of advanced reactors. The exclusion became effective immediately, with a 30-day public comment period that closed on 4 March. DOE determined that advanced reactors, due to their passive safety features, specific fuel types, and lower fission product inventories, typically do not significantly affect the human environment.
In the comment letter, Attorney General Bonta and the coalition argue that the illegal policy violates NEPA and the Administrative Procedure Act, while minimising safety and environmental protections across the US.
“The words ‘exemptions, exclusions,’ and ‘nuclear safety regulations’ should never be put together. When it comes to nuclear energy and public safety, there should be more safety regulations and environmental protections, not less,” said Bonta. “With this new exemption, the Trump Administration is trying to run before it can walk by accelerating the development of certain experimental and largely unproven advanced nuclear reactors – just like the President himself acknowledged. This is an attempt to weaken essential safeguards in the present and create additional regulatory loopholes that can be exploited in the future. I urge this Administration to halt unlawful NEPA cutbacks and go back to work defending and protecting public safety and the environment.”
Attorney General Bonta and the coalition assert that:
- DOE failed to adequately consider potential environmental impacts of the advanced nuclear reactors covered by the CatEx.
- The CatEx is unsupported by data showing that the reactors do not have the potential to create significant environmental impacts.
- DOE shifted the environmental review of a future advanced reactor from a public facing review to a purely internal examination.
- DOE failed to consider how recent changes to NEPA procedures and internal orders on the development of nuclear power may impact the environment in conjunction with the CatEx.
- DOE exceeded its statutory authority to regulate nuclear reactors.
In sending the comment letter, Attorney General Bonta joins the attorneys general of Washington, New York, New Mexico, Maryland, and Massachusetts.
