Message to EPA Employees from Administrator Zeldin: Transparency and Earning Public Trust in EPA Operations in 2026 (March 16, 2026)

Dear Colleagues,

Throughout the history of the U.S. Environmental Protection Agency, administrators have reaffirmed a commitment to transparency in our agency’s operations. Since 1983, when Administrator Ruckelshaus first issued a memorandum about contacts with persons outside EPA, these memoranda have become known as the “fishbowl memos” because they have stressed that the agency should operate openly and transparently for all to see, as if it were in a fishbowl. When I appeared before Congress, I pledged transparency and accountability at EPA, and I am asking each one of you to help me ensure the agency operates in full compliance with this principle. This memorandum reaffirms those commitments.

The mission of EPA is to protect human health and the environment. We exist to serve the public. As such, the public must be able to trust our work. We are committed to earning and maintaining the public’s trust through transparency and accountability in our actions and civility and fairness in our public participation processes. The following principles and protocols will guide our efforts. I encourage all EPA employees to uphold the contents of this memorandum and conduct themselves and their business in a manner worthy of the public’s trust and confidence. Our success as an agency depends on it.

General Principles

In all its programs, EPA will provide for the fullest possible public participation in our decision making. This requires not only that EPA remain open and accessible to those representing all points of view, but also that EPA offices responsible for decisions take affirmative steps to solicit the views of those who will be affected by these decisions. EPA will not accord privileged status to any special interest and will not accept any recommendation or proposal without careful, critical, and independent examination.

Appointment Calendars

To keep the public fully informed of my contacts with interested persons, I have directed that a copy of my appointment calendar, showing meetings with members of the public, be made available to the public on the EPA website on an ongoing basis. I have also directed that senior agency officials, including the Deputy Administrator, Assistant Administrators, and Regional Administrators make their appointment calendars available to the public in a similar manner.

Freedom of Information Act Policy

The Freedom of Information Act (FOIA) furthers EPA’s fundamental commitment to government accountability through transparency and accessibility. EPA performs its obligations under FOIA with a clear presumption that openness prevails. This is why EPA makes any agency records that have been requested and released per FOIA publicly available via the agency’s Public Reading Room. The FOIA Federal Advisory Committee chartered by the National Archives and Records Administration recommended, in its July 2020 Final Report and Recommendations from the 2018-2020 Committee Term, that federal agency “leadership annually issue a memorandum reminding the workforce of its responsibilities and obligations under FOIA.” EPA will continue to issue annually a separate memorandum addressing FOIA implementation as a key tool for promoting transparency.

Rulemaking Proceedings

Much of EPA’s business is conducted through rulemaking. EPA employees must ensure that the basis for the agency’s decision and the information considered appears in the rulemaking record. Therefore, each EPA employee should ensure that all written comments regarding a proposed rule received from members of the public, including regulated entities and interested parties, are entered into the rulemaking docket and that significant comments are thoughtfully considered and responded to as decisions are made. This allows EPA to clearly explain the basis for its decisions.

Robust and civil dialogue with the public enhances the quality of our decisions. EPA offices conducting rulemaking are therefore encouraged to reach out broadly for the views of interested parties. However, while EPA often meets with groups and individuals, we should attempt, to the maximum extent practicable, to provide all interested persons with equal access to EPA.

In addition, public participation in EPA rulemaking proceedings may take a variety of forms, including public hearings, meetings, workshops, forums, focus groups, surveys, roundtables, consultation, Federal Register notice-and-comment procedures, advisory committee meetings, informal meetings with interested parties, internet-based dialogues and other informal dialogues, consistent with applicable legal requirements. EPA will continuously evaluate opportunities, consistent with applicable law, to increase coordination, communication, and engagement with the public and build confidence in the agency’s decision making.

Finally, it is essential to ensure that the public receives timely notice, as far as practicable, of information or views that have influenced EPA’s decisions. This means that EPA employees must summarize in writing and place in the rulemaking docket any oral communication during a meeting or telephone discussion with a member of the public or an interested group that contains significant new factual information regarding a proposed rule.

Questions about how to handle comments and other communications regarding a proposed rule should be directed to the appropriate EPA staff working on the specific rulemaking in the appropriate program office, Office of General Counsel, or Office of Policy and Regulatory Management.

Litigation and Formal Adjudication

EPA is engaged in a wide range of litigation, and the conduct of litigation by the agency should reflect the principles of fairness and openness that apply to other EPA activities. However, we must also protect privileged litigation and enforcement-sensitive information from unauthorized disclosure.

Communication with parties involved in litigation with EPA about that litigation should be through an attorney representing the agency in the case. Program personnel who receive inquiries about pending litigation from outside of the EPA should consult with an attorney representing EPA in the case before responding. If you do not know which attorneys are representing EPA in a specific case, contact the Office of General Counsel, Office of Enforcement and Compliance Assurance, or appropriate Office of Regional Counsel.

EPA will seek public comment on proposed consent decrees and settlement agreements and will always remain within our statutory authority when settling litigation.

Formal adjudications (including certain administrative penalty proceedings and pesticide cancellation proceedings) are also governed by specific requirements that limit communications between EPA staff and interested parties. These limitations appear in the various EPA rules governing those proceedings. Information about these rules is available from the Office of General Counsel and on the EPA intranet.

Contacts with Congress and the Press

EPA often receives requests for records or information from Congress, including leadership of the House and Senate, and the Chair of a Committee or Subcommittee with jurisdiction over EPA. The agency also receives information requests from individual members of Congress and their staffs. I recognize the importance of congressional oversight and encourage our programs to provide Congress with the information necessary to satisfy its oversight and legislative interests to the extent possible and consistent with our constitutional and statutory obligations. Information requests from Congress should be handled in consultation with managers of the affected EPA programs and our legislative affairs staff in the Office of Congressional and Intergovernmental Relations.

EPA should also be accessible to the press, which performs a vital role in informing the public about the agency’s actions. As we respond to press inquiries, EPA staff should respect our internal deliberative processes and strive for accuracy and integrity in our communications. This will ultimately enhance public trust in the agency. When interacting with the press in the performance of your official duties, please coordinate with the managers of your program and media relations experts in the Office of External Affairs, which plays a critical role in shaping the agency’s communications with the public.

Nothing contained in this memorandum interferes with rights to petition or to furnish information to Congress or a Member of Congress, as provided under applicable law, or to engage in protected whistleblowing activities.

Conclusion

Guided by principles of transparency and robust public participation, EPA will continue to serve the American people by protecting human health and the environment and working to ensure all Americans have access to clean and safe air, land, and water. I am truly honored to be working with all of you who have devoted your careers to help ensure a better and healthier environment for our future generations.

Administrator Lee Zeldin