ESG Daily, USDA NEWS—S.D.N.Y.: Farmer and environmental groups sue Department of Agriculture for improperly removing climate information from its websites, (Feb 25, 2025)

By Brad Rosen, J.D.

The plaintiffs asserted that the USDA’s purge of climate-change-focused webpages has already hurt farmers and farm advisors who depend on the department’s digital resources to access financial and technical support for conservation practices and other agricultural decisions.

The Northeast Organic Farming Association of New York, the Natural Resources Defense Council, and the Environmental Working Group, have brought suit against the U.S. Department of Agriculture (USDA) for unlawfully removing webpages focused on climate change. The plaintiffs assert that the department has violated the Paperwork Reduction Act (PRA), the Administrative Procedure Act (APA), and the Freedom of Information Act (FOIA). The lawsuit seeks a court order requiring the USDA to restore access to key webpages and preventing department from removing additional climate-related information ( Northeast Organic Farming Association of New York v. U.S. Department of Agriculture, No. 1:25-cv-01529 (S.D.N.Y. Feb. 24, 2025)).

Key allegations of the complaint. In support of their claim, the plaintiffs alleged that on January 30, 2025, the USDA ordered its staff to “identify and archive or unpublish any landing pages focused on climate change.” Within hours, and without any public notice or explanation, the USDA purged its websites of vital resources about climate-smart agriculture, forest conservation, climate change adaptation, and investment in clean energy projects in rural America, among many other subjects. In doing so, it disabled access to numerous datasets, interactive tools, and essential information about USDA programs and policies.

Additionally, the plaintiffs asserted that the USDA has deprived the public of vital information at an especially critical moment. They claim that in recent days, and in violation of multiple court orders, the Trump Administration has stopped paying farmers, nonprofit organizations, and businesses money they were promised under USDA conservation and climate-smart agriculture programs. They asserted that the USDA’s webpage purge has removed critical information about these programs from the public record, thereby denying farmers access to resources they need to advocate for funds they claim are owed.

Plaintiffs claim USDA violated three statutes. The plaintiffs assert that the USDA’s purge of climate-change-focused webpages is unlawful in the following three ways:

1. The USDA provided no notice before removing scores of vitally important webpages, thus violating the PRA which requires federal agencies to provide adequate notice when substantially modifying or terminating “significant information dissemination products.”

2. In ordering staff to unpublish the subject webpages, USDA failed to consider how removing these resources would harm farmers, farm advisors, land managers, researchers, and other members of the public, and thus failed to engage in reasoned decision making, in violation of the APA.

3. By removing or rendering inaccessible numerous records that USDA is obligated to affirmatively disclose to the public in an electronic format, USDA violated the FOIA.

Relief sought. As for relief, the plaintiffs seek an order declaring USDA’s actions unlawful, requiring the USDA to restore the unlawfully removed webpages, and enjoining USDA from unlawfully removing additional webpages on the basis of the department’s January 30, 2025, directive.

Plaintiff lawyer raises food security issue. A lawyer from Earthjustice, a nonprofit environmental law organization representing the plaintiffs in the case stated further, “The website purge, alongside widespread USDA staff layoffs and the freeze of billions in conservation funding, will impair food security, leave farmers and rural economies without critical support, and deprive farmers, researchers, and advocates the information they need to press for the re-instatement of funding and support.”

This is case No.1:25-cv-01529.

Attorneys: Carrie Apfel (Jenner & Block LLP) for Northeast Organic Farming Association of New York, Natural Resources Defense Council.

Companies: Northeast Organic Farming Association of New York, Natural Resources Defense Council

LitigationEnforcement: AntiESGNews ESGNews