EPA’s ‘environmental justice’ rule created unequal FOIA access
A conservative legal group,America First Legal (AFL),has challenged a 2022 environmental Protection Agency (EPA) rule that allows expedited Freedom of Details Act (FOIA) processing for requests citing an “environmental justice” (EJ) need. Founded by Stephen Miller, a former adviser to President Donald Trump, AFL argues that this rule creates unequal treatment by giving preferential access to certain requesters based on a subjective EJ standard, contradicting FOIA’s requirement for content-neutral handling of requests. Although the Trump administration dismantled many environmental justice initiatives via executive order, the FOIA rule remains active, enabling claimants to fast-track requests using the EJ justification. AFL has filed a FOIA request for data on how the EPA has applied the EJ exemption and a petition urging the EPA to repeal the rule and restore prior FOIA procedures. The EPA, under Administrator Lee Zeldin, defended dismantling Biden-era policies tied to environmental justice, labeling the concept a partisan buzzword misused to circumvent FOIA. AFL contends that the EJ-based expedited processing undermines FOIA’s “compelling need” standard and establishes an unfair, two-tier system, urging the EPA to close this loophole before further exploitation occurs.
‘Environmental justice’ EPA rule drives unequal FOIA treatment, conservative legal group says
EXCLUSIVE — A prominent conservative legal firm with close ties to the Trump administration took aim on Wednesday at a little-noticed Environmental Protection Agency rule from the Biden administration that it says created an improper, preferential fast-track for certain public records requests under the banner of “environmental justice.”
America First Legal, the firm founded by President Donald Trump senior adviser Stephen Miller, filed a major Freedom of Information Act request and a companion petition for rulemaking challenging the EPA’s 2022 decision to let requesters claim a so-called “environmental justice–related need” as a basis for expedited processing. The group says that carveout opened a political pathway to faster access to federal records, contradicting FOIA’s requirement that agencies handle requests in a content-neutral manner.
Trump signed an executive order on his first day back in office to rid agencies of diversity, equity, and inclusion programs, including any “environmental justice” offices and services. However, the FOIA rule remains on the books, meaning requesters can still claim an EJ-related need to secure expedited processing.
According to a now-defunct EPA webpage from 2021, the agency described environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, [or] national origin.” It further explains that “[f]air treatment means no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies.”
AFL’s accompanying FOIA request seeks a detailed accounting from the EPA on how the EJ standard has been used. The conservative legal group is asking for the total number of FOIA requests the agency receives, how many seek expedited treatment, how many are granted, how many invoke environmental justice as justification, and the identities and affiliations of requesters approved under that provision.
The firm argues that those records are necessary to show whether the agency created a two-tier system for requesters by allowing EJ-based claims.
Filed along with its FOIA request, AFL’s rulemaking petition presses the EPA to repeal the EJ language entirely and restore the pre-2022 version of its FOIA rules. It states that environmental justice has become an “unsupported and overly subjective” standard, as it no longer has an executive-order mandate behind it since the Trump administration rescinded the Biden-administration-era directives that required agencies to integrate EJ considerations across their work.
An EPA spokeswoman pushed back hard on the Biden-era framework, telling the Washington Examiner that Administrator Lee Zeldin has been “diligently implementing President Trump’s executive orders eliminating the radical priorities and preferencing of the Biden administration under the guise of environmental justice.”
“Environmental justice is a buzzword used by the left to fund partisan pet projects, and evidently to circumvent the FOIA process,” EPA press secretary Brigit Hirsch said. She added that while the agency “cannot prejudge the outcome of any rulemaking process,” it does “plan to review the 2022 rule” during its fall 2026 regulatory agenda.
AFL contends that the EJ provision cannot be squared with FOIA’s traditional “compelling need” criteria and creates unequal access by letting select communities jump ahead of others without demonstrating an imminent harm or urgent public interest need.
TRUMP CALLS ON MEXICO TO SOLVE WATER AND SEWAGE CRISIS PRESENTING ‘TRUE THREAT’ TO US
Leaving the rule intact, the firm argues, allows outside groups to exploit a loophole that no longer reflects binding federal policy and was never compatible with FOIA’s neutrality requirements.
The group’s filings aim to force the EPA to close that gap before more requests are filed under what it views as a legally vulnerable and now defunct standard.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
