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California AG Bonta and 13 State AGs Oppose DOE's Sunset Rule Proposal

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8

Why it matters

California Attorney General Rob Bonta and 13 state counterparts filed formal comments opposing the Department of Energy's proposed "Sunset Rule," which would automatically terminate over 500 existing DOE regulations unless explicitly renewed. The coalition—including attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, New Mexico, New York, Rhode Island, Vermont, Virginia, and Washington—argues the rule violates the Administrative Procedure Act by failing to provide individualized justification for each targeted regulation or adequate public notice. The proposal stems from President Trump's Executive Order 14270, which mandates conditional sunset dates across 28 sections of the Code of Federal Regulations, affecting rules governing nuclear device access, scientific research funding, and nuclear waste disposal.

The states contend the DOE has not explained why these specific regulations were selected or assessed the consequences of eliminating them. The coalition demands immediate withdrawal, asserting that the lack of factual detail prevents meaningful public comment and undermines the regulatory certainty businesses and states require for planning and investment.

Attorneys should monitor this challenge closely. A successful legal challenge could establish precedent limiting the executive branch's ability to impose blanket regulatory sunsets without individualized analysis. Conversely, if the rule survives, it creates immediate uncertainty across nuclear safety, environmental, and energy sectors. The multi-state coalition signals coordinated state resistance to aggressive federal deregulation, suggesting similar challenges may follow other Trump administration regulatory actions.

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