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WASHINGTON, D.C. – After America First Legal (AFL) submitted a petition for rulemaking on December 10, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to eliminate the use of “environmental justice–related need” as a reason to fast-track government action.
Federal agencies may only grant expedited processing under the Freedom of Information Act on a specific, limited, and enumerated basis. Yet in 2023, the Biden Administration bent the rules, allowing an “environmental justice–related need” to qualify for both special processing and a fee waiver, thereby disregarding the law and disadvantaging everyday Americans.
The EPA’s new proposed rule would remove this unlawful preference and restore FOIA’s core principles of transparency, neutrality, and accountability. When finalized, this change would ensure that all Americans are treated equally under the law.
“Political workarounds are diametrically opposed to FOIA’s intended purpose,” said Bobby Crossin, Attorney at America First Legal. “The EPA’s new Proposed Rule is an important step toward restoring fairness in the FOIA process and our federal agencies as a whole.”
AFL will continue fighting to ensure the federal government follows the law and keeps federal agencies free from political manipulation.
Learn more about AFL’s efforts on this matter here.
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