Attorney General Bonta Opposes Trump Administration’s Attempt to Exempt New and Experimental Nuclear Reactors from Environmental Review

OAKLAND — California Attorney General Rob Bonta joined a coalition of attorneys general in submitting a comment letter to the United States Department of Energy (DOE) opposing its Notice of New Categorical Exclusion (CatEx) for Advanced Nuclear Reactors. The CatEx would provide DOE with the ability to exempt advanced nuclear reactors — a very broad category of new and unproven reactors — from environmental review under the National Environmental Policy Act (NEPA). In the comment letter, Attorney General Bonta and the coalition argue that the illegal policy violates NEPA and the Administrative Procedure Act, while minimizing safety and environmental protections across the country. 

“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 Attorney General 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.” 

Nuclear energy is an important source of energy in many states and while advanced nuclear reactors have undergone some experimental testing, the fundamental nature of nuclear fission technology involves risks of environmental impacts and impacts on public health. The CatEx does not clearly define advanced nuclear reactors, but they are broadly defined by law to encompass new nuclear fission reactors with significant improvements compared to reactors operating on December 27, 2020. President Trump noted that “with some rare and arguable exceptions, no advanced reactors have yet been deployed in America.” The advanced nuclear reactors covered by the CatEx are new and without an established track record. Some advanced nuclear reactors employ novel and unproven technologies that differ from traditional light water reactors so they pose different and unique health and environmental risks. This is especially concerning to states like California that are aware of the vulnerabilities with nuclear reactors, including the San Onofre Nuclear Generating Station that was shut down in 2013 due to leaks of radioactive steam. 

On February 2, 2026, DOE announced that the CatEx would be effective immediately with no advance public participation. It provides DOE with the ability to exclude the authorization, siting, construction, operation, reauthorization, and decommissioning of advanced nuclear reactors from environmental review under NEPA. The CatEx represents a significant rollback in how federal agencies consider the environmental impacts and safety risks of nuclear reactors. 

In the comment letter, 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, and New York, New Mexico, Maryland, and Massachusetts.