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WASHINGTON, D.C. – America First Legal (AFL) has filed a petition for rulemaking, demanding that the U.S. Environmental Protection Agency (EPA) end the use of illegal “environmental justice–related need” as a reason to fast-track Freedom of Information Act (FOIA) requests.
Federal agencies may expedite processing and waive fees and search costs so long as such rules are consistent with the FOIA statute. In 2023, the Biden Administration’s EPA, however, bent the rules to provide politically favored requesters with special treatment — including fee waivers and faster access to government records. Not only is such a practice unlawful, it also penalizes (through both delays and hefty fees) those requesters who don’t meet the EPA’s politicized standards.
Expedited processing can only be granted on a specific, limited, and enumerated basis. Disregarding the plain letter of the law, the EPA established a system that allows bureaucrats to prioritize politically aligned requests over those of the public.
This year, the Trump Administration has canceled the executive orders that once instructed agencies to embed environmental-justice considerations into their work, and the EPA itself has begun phasing out those programs. Yet the Biden-era FOIA rule remains on the books, continuing to give special access to activists who invoke the term.
“FOIA is supposed to be fair and neutral—no special lanes, no political favoritism,” said Bobby Crossin, Attorney at America First Legal. “The EPA cannot grant special privileges to certain groups just because they use the right buzzwords. Our petition is about restoring a level playing field for every American.”
AFL will continue fighting to ensure the federal government follows the law, treats all requesters equally, and keeps FOIA free from political manipulation. We remain committed to defending transparency, fairness, and accountability in every federal agency.
Read the full petition for rulemaking to the EPA here.
Read the FOIA to the EPA here.
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