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 allow for expedited processing and fee waivers for requests tied to environmental justice needs. The coalition argues that the proposal would make it harder for communities already facing significant 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 had introduced these criteria in 2023, allowing FOIA requesters to seek expedited processing if their request involved an “environmental justice-related need.” If granted, EPA would also waive associated fees. Factors considered include whether records relate to federal activity, urgency of informing affected communities, potential disproportionate impacts on those communities, and whether the requester intends to share the information with community members.
The attorneys general argue that removing these regulations would create delays and increase costs for communities needing this information to participate in public processes or pursue enforcement actions related to environmental hazards. They contend that EPA’s proposal is arbitrary and fails to consider how it would affect low-income communities, people of color, Indigenous Peoples, and Tribal Nations who benefit from current policies.
Attorney General Bonta was joined by counterparts from Colorado, Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New York, and Oregon in submitting a comment letter urging EPA not to proceed with its plan.
Rob Bonta leads the California Attorney General’s office as part of California’s executive branch outlined by the state constitution (official website). The office acts as California’s chief law enforcement authority with responsibilities including enforcing state laws and advancing initiatives in civil rights and environmental justice (official website). It promotes transparency through tools like OpenJustice for publishing data relevant to public policy (official website), exercising its authority statewide (official website).
