Attorney General Bonta Submit Multistate Comment Letters Opposing DOE’s Use of Accelerated Rulemaking Process to Dismantle Anti-Discrimination Regulations

OAKLAND – California Attorney General Rob Bonta, alongside attorneys general nationwide, submitted four joint comment letters opposing the U.S. Department of Energy (DOE)’s proposal to roll back regulations implementing Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. These regulations are critical to protecting Californians from sex discrimination, disability discrimination, race and national-origin discrimination, and other forms of discrimination. In the comment letters, the coalition of attorneys general highlight how these unlawful rollbacks would strip away Americans’ rights to equal access, protection from discrimination, and federal accountability—undermining decades of civil rights progress. 

“Let me be clear: these rollbacks don’t 'Make America Great Again.' These rollbacks are nothing less than an attack on the fundamental American promise of equal opportunity,” said Attorney General Bonta. “We will not stand by while the federal government continues to chip away at Americans’ civil rights. That’s why I, alongside attorneys general nationwide, are submitting these comment letters to ensure equity, dignity, and justice for all.” 

Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973 have long served as the bedrock of equity and access in education, healthcare, housing, and other federally funded programs. These laws ensure that all Americans have an equal opportunity to access and participate in federally funded programs and activities and that federal funds are not used to subsidize discrimination. The Trump administration’s decision to weaken the regulations strips away decades of protections and government accountability.  

Last month, the U.S. Department of Energy proposed sweeping rollbacks, where they improperly used a direct final rule, also known as the DFR process, which creates a shortened 30-day period for public comment, and puts the new rule into effect after 60 days unless “significant adverse comments” are received. These rollbacks would eliminate the Department’s regulatory standards that prohibit discrimination based on race, sex, and disability in federally funded programs and buildings-including repealing Section 504 requirement that new or altered DOE facilities constructed by, on behalf of, or for the use of a recipient of DOE comply with federal accessibility standards. Additionally, the DOE has failed to – as required under the Administrative Procedure Act – provide sufficient evidence that this rulemaking is evidence-based and is not arbitrary, capricious, or contrary to constitutional rights. 

In the comment letters, the coalition of attorneys general write that:  

• Without implementing regulations under Title VI and Title IX, the Department of Energy and recipients of federal funding would lose key tools for investigating and stopping race, national origin, and sex-based discrimination in federally funded programs and activities. 
• Repealing Section 504 regulations would eliminate federal requirements for accessible design in buildings constructed by, on behalf of, or for the use of a recipient of DOE, making it difficult for individuals with disabilities to access schools, labs, and energy facilities. 
• Rolling back these regulations violate the Administrative Procedure Act. 

Copies of the letters can be found below:

Significant Adverse Comment and Request for Immediate Withdrawal of Direct Final Rule “Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities”

Significant Adverse Comment to Direct Final Rule Rescinding Regulation Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Comment on Direct Final Rule Regarding Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities

 Significant Adverse Comment to Direct Final Rule Rescinding Regulation Related to Nondiscrimination on the Basis of Sex in Sports Programs Arising Out of Federal Financial Assistance