Three major advocacy organizations the Center for Biological Diversity, the Humane Society of the United States (HSUS), and the Humane Society Legislative Fund (HSLF) have formally petitioned the U.S. Department of Agriculture (USDA) to end a long-standing environmental exemption granted to the Food Safety and Inspection Service (FSIS).
The 51-page petition, originally submitted on June 20, 2024, was only recently made public by FSIS on June 24, 2025. It calls on USDA to start a rulemaking process that would rescind FSIS’s blanket exemption from having to conduct Environmental Assessments (EAs) and Environmental Impact Statements (EISs), which are required under the National Environmental Policy Act (NEPA) in certain circumstances.
Background on the Exemption
Since 1983, FSIS has operated under a final rule that categorically exempts the agency from NEPA’s environmental review requirements. NEPA generally requires federal agencies to assess the potential environmental impacts of significant decisions or policy changes before moving forward.
However, the petitioners argue that this exemption is outdated and no longer justified—especially given that all federal agencies are required by the Council on Environmental Quality (CEQ) to review such categorical exclusions every 10 years. According to the petition, FSIS has failed to meet this review requirement.
Environmental and Species Impact at Stake
The organizations behind the petition say the exemption allows FSIS to bypass critical environmental reviews, even in cases where its regulatory decisions could have serious consequence, such as impacting endangered or threatened species and their habitats.
They’re calling for USDA to bring FSIS back into compliance with NEPA and ensure it carries out the environmental reviews that other federal agencies are required to complete.
The petition states:
“NEPA remains a critically important law that facilitates objective analysis of the potential environmental consequences of proposed actions and feasible alternatives.”
It adds that NEPA often provides the only real opportunity for public transparency and engagement on environmental matters tied to agency decisions. The petitioners argue that continuing to exempt an agency like FSIS—which makes broad, industry-wide regulatory decisions with potentially major environmental consequences—from NEPA review undermines both the law and public trust.
Who’s Behind the Petition?
The petition was submitted on behalf of the following groups, represented by the Farmed Animal Advocacy Clinic at the Vermont Law and Graduate School:
- Center for Biological Diversity – A nonprofit environmental organization focused on protecting species and ecosystems through science, policy, and legal action.
- Humane Society of the United States (HSUS) – A leading national animal protection nonprofit based in Washington, D.C., with millions of supporters.
- Humane Society Legislative Fund (HSLF) – The legislative and lobbying arm of HSUS, organized under section 501(c)(4) of the Internal Revenue Code.
FSIS Regulation Development staff have been assigned to evaluate the petition.
Source: FSN
Reach out to Fresh Group Food Safety And Quality Consulting for any inquiries related to food quality and safety.
