Overview:
- The Environmental Protection Agency's proposal to roll back a Biden-era FOIA provision could hinder transparency for communities facing high pollution levels.
- While the EPA claims the rollback would save time and money, critics argue it would restrict access to crucial information.
- The proposed change, prompted by a petition from America First Legal Foundation, threatens to undermine efforts to address environmental justice concerns.
FOIA requests were part of an effort to meet the needs of communities dealing with disproportionately high pollution levels.
The Environmental Protection Agency is proposing to roll back a Biden-era provision allowing expedited processing and fee waivers for Freedom of Information Act requests related to communities with environmental justice concerns.
The Biden-era provision was intended to increase transparency and accountability, make FOIA requests more affordable, and expedite access to information for communities that may experience disproportionate human health and environmental effects, according to a 2023 EPA statement.
“Today’s action is another example of EPA’s commitment to open, efficient, and effective government and fulfilling EPA’s pledge to do better at meeting the needs of communities suffering from disproportionately high pollution levels regardless of race, regardless of income, regardless of zip code,” Jeffrey Prieto, EPA General Counsel, said in the 2023 statement.
To determine whether a FOIA request qualifies for expedited processing, the agency considers:
- Whether the requested records pertain to actual or alleged federal government activity, including EPA records containing environmental information or data.
- Whether there is a pressing need to inform a community.
- The extent to which a community may be experiencing disproportionate and adverse health or environmental impacts.
- The requester’s ability and intention to convey the information to community members.
An EPA spokesperson told Planet Detroit in a statement that eliminating the provision would save the agency time and money.
“The Environmental Justice Expedited Process criteria unfairly waived fees and provided an opportunity for expedited processing to give communities with environmental justice concerns quicker access to information contained in EPA records,” the statement said.
According to the Federal Register, requesters can still request expedited processing under FOIA’s compelling need standard if there’s an imminent threat to an individual’s life or physical safety.
Expedited processing can also be requested if there’s an urgent need to inform the public about a federal government activity and the request is made by someone engaged in disseminating public information.
The EPA’s proposed FOIA rule change followed a petition by America First Legal Foundation to roll back the provision. AFL was co-founded by White House Deputy Chief of Staff Stephen Miller.
The move follows many other rollbacks of environmental regulations and environmental justice initiatives.
In 2025, the Trump administration placed 170 employees in the EPA’s Office of Environmental Justice and External Civil Rights on administrative leave and froze billions of dollars in climate and environmental justice grants. In March, EPA Administrator Lee Zeldin ordered the closure of the environmental justice office and the environmental justice division offices in the 10 EPA regions.
Written comments on the EPA’s proposed FOIA rollback will be accepted on or before Feb. 26.
MORE REPORTING ON EPA ROLLBACKS
EPA drops health cost calculations for air pollution: How it could harm Detroiters
The agency will no longer consider health costs and deaths prevented when reducing two major pollutants, but will account for costs to industry.
EPA’s fluoride review fast-tracked: What does it mean for your water?
The EPA is fast-tracking a fluoride review after a report tied high levels to lower IQs in children, amid public doubts about water fluoridation. The agency’s role is limited to setting fluoride’s maximum contaminant level.
EPA moves to limit wetland coverage in Clean Water Act
The new rule builds on a 2023 Supreme Court decision that removed federal protections for significant areas.
EPA website shifts from climate facts to ‘misinformation’
Climate scientists raise alarms as the EPA erases key climate change facts from its site.
🗳️ What’s next? Tips for civic action
Why it matters
The rollback of a Biden-era FOIA provision would eliminate expedited processing and fee waivers for records relevant to communities with environmental justice concerns.
Who’s making civic decisions
🏛️ The EPA will decide on the Biden-era provision as part of docket number OGC-2022-0885.
How to take civic action now
📣 Comment on the proposed change on or before Feb. 26, using the Federal eRulemaking Portal. You may alsp mail to U.S. Environmental Protection Agency, EPA Docket Center, Office of General Counsel Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. All submissions received must include the docket number OGC-2022-0885.
What to watch for next
🗓️ The EPA will decide on its FOIA regulations update following the close of the public comment period on Feb. 26.
Civic impact
🌍 Please let us know what action you took or if you have any additional questions. Please send a quick email to connect@planetdetroit.org.