California Attorney General Rob Bonta has joined a group of attorneys general in opposing a new policy from the United States Department of Energy (DOE) that would allow certain advanced nuclear reactors to bypass environmental review requirements under the National Environmental Policy Act (NEPA). In a comment letter, the coalition argues that this categorical exclusion (CatEx) violates both NEPA and the Administrative Procedure Act, while reducing safety and environmental protections nationwide.
Attorney General Bonta stated, “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. 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.”
The DOE’s CatEx policy would enable it to exclude various stages of advanced nuclear reactor projects—including authorization, siting, construction, operation, reauthorization, and decommissioning—from NEPA review. The policy took effect on February 2, 2026, without advance public input.
According to Bonta and his colleagues, advanced nuclear reactors are broadly defined by law as new fission reactors with improvements over those operating as of December 27, 2020. These reactors have limited testing history in America; President Trump noted that “with some rare and arguable exceptions, no advanced reactors have yet been deployed in America.” Some use technologies distinct from traditional light water reactors and pose different risks. California has previously experienced issues with nuclear facilities such as the San Onofre Nuclear Generating Station, which was closed in 2013 after radioactive steam leaks.
The attorneys general assert several points: DOE did not sufficiently consider potential environmental impacts; there is no data supporting claims that these reactors will not cause significant effects; environmental reviews are shifting from public processes to internal ones; recent changes in NEPA procedures were not factored into analysis; and DOE may have exceeded its authority.
Attorney General Bonta joined counterparts from Washington, New York, New Mexico, Maryland, and Massachusetts in submitting this letter.
Rob Bonta leads the California Attorney General’s office, which acts as California’s chief law enforcement authority focused on enforcing state laws and protecting public rights across areas such as civil rights and environmental justice. The office operates statewide as part of California’s executive branch (source). It also promotes transparency through tools like OpenJustice for publishing criminal justice data (source).
