Attorney General Bonta Opposes Trump Administration’s Proposal to Remove Procedures that Increase Transparency to Environmental Justice Communities

OAKLAND — California Attorney General Bonta today joined a coalition of 10 attorneys general in filing a comment letter opposing the U.S. Environmental Protection Agency’s (EPA) proposed rule to remove provisions from its Freedom of Information Act (FOIA) regulations that expedite requests for public records that are related to “an environmental justice-related need” and waive fees for such requests. EPA’s proposal would unnecessarily hinder already-overburdened communities from accessing essential information and data regarding the health and safety of their communities. In the letter, the attorneys general urge EPA to withdraw its proposal and leave the environmental justice expedited processing regulations in place.

“Environmental justice can only be achieved when government information is open and accessible to everyone. Communities facing environmental burdens deserve more than empty promises. They deserve transparency,” said Attorney General Bonta. “Affected communities should be able to obtain clear information that is timely and affordable, so that they can engage, respond, and participate in governmental actions that will impact them. Removing the environmental justice expedited processing regulations only harms the most marginalized, environmentally burdened, and economically disadvantaged communities who need the government fighting for, not against, them.”

Recognizing that timely information is a critical need for overburdened and under-resourced environmental justice communities, EPA added the environmental justice expedited processing criteria in 2023. These criteria allow FOIA requesters to request expedited processing if the request involves an “environmental justice-related need.” If the request to expedite is granted, EPA will also waive its FOIA fees. To determine whether an environmental justice-related need exists, EPA considers the following:

• Whether the requested records relate to federal government activity;
• Whether there is a pressing need to inform the community about the federal government activity;
• The extent to which the community is potentially experiencing disproportionate and adverse human health or environmental impacts; and
• The requester’s ability and intention to convey the information to members of the community.

Now, less than three years later, the Trump Administration’s EPA is proposing to remove the environmental justice expedited processing regulations with little explanation other than alleged cost-reduction benefits.

In the comment letter, the attorneys general argue that EPA should abandon its unlawful and unsupported proposal because EPA’s action is arbitrary and capricious and fails to consider the effects of the rule on the environmental justice communities, including communities of color, low-income communities, and Indigenous Peoples and Tribal Nations who benefit from the existing policy. EPA’s proposal would create delays and increase costs for the communities most in need of information to advocate for themselves by participating in public processes, pursuing enforcement against violators of environmental regulations, and publicizing the environmental hazards that they face.

In submitting the comment letter, Attorney General Bonta joins the attorneys general of Colorado, Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New York, and Oregon.