On Jan. 27, 2026 EPA proposed to revise EPA’s FOIA process to no longer expedite processing or waive the fee for requests based on an environmental justice need, in accordance with Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing. EPA argued that without EJScreen, which previously enabled the agency to determine which requests qualified for expedited processing, the time spent by the agency evaluating these requests outweighed the public benefit. EPA accepted public comment through Feb. 26, 2026.
Background
In 2023, EPA finalized its Phase II Freedom of Information Act (FOIA) rule. The rule included a new provision that would allow the agency to expedite FOIA requests when there is a “pressing need to inform a community that is potentially experiencing disproportionate and adverse human health or environmental effects.” The rule allowed the public to obtain records about environmental justice issues through an expedited process if it met four requirements: “(1) a pressing need; (2) to inform a community potentially experiencing disproportionately high and adverse human health or environmental effects; (3) about those effects; (4) affecting, or potentially affecting, that community. The rule went into effect Nov. 13, 2023.