California Attorney General Rob Bonta has joined a coalition of ten attorneys general in opposing the U.S. Environmental Protection Agency’s (EPA) proposed rule to remove provisions from its Freedom of Information Act (FOIA) regulations that currently allow for expedited processing and fee waivers for public records requests related to environmental justice needs. The coalition argues that these changes would make it harder for communities already facing environmental burdens to access information about their health and safety.
“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.”
The EPA introduced the environmental justice expedited processing criteria in 2023. These criteria permit FOIA requesters to seek faster handling if their request involves an “environmental justice-related need.” If approved, EPA also waives associated fees. To determine if such a need exists, EPA evaluates whether the records relate to federal activity, if there is an urgent need for community awareness, whether affected communities face disproportionate impacts, and if the requester intends to share the information with those communities.
Less than three years after implementing these rules, the Trump Administration’s EPA now proposes removing them, citing cost-reduction as justification.
In their comment letter, the attorneys general argue that this proposal is arbitrary and capricious because it does not consider its effects on environmental justice communities—including people of color, low-income groups, Indigenous Peoples and Tribal Nations—who benefit from current policy. The letter states that eliminating these provisions would delay access to vital information and increase costs for those most in need of participating in public processes or advocating for enforcement of environmental laws.
Attorney General Bonta was joined by his counterparts from Colorado, Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New York, and Oregon in submitting this opposition.
The California Attorney General’s office plays a key role within California’s executive branch as outlined by the state constitution (official website). Led by Rob Bonta (official website), it serves as California’s chief law enforcement authority with responsibilities including enforcing state laws and advancing initiatives in civil rights and environmental justice (official website). The office operates statewide (official website) and promotes transparency through tools like its OpenJustice portal (official website).
