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- Appalachian Voices v. Environmental Protection Agency (EPA)
Appalachian Voices v. Environmental Protection Agency (EPA)
A coalition of 15 nonprofits, one Tribe, and seven local governments filed a class action lawsuit challenging the Trump administration’s termination of the Environmental and Climate Justice (ECJ) Block Grant programs.
Public Rights Project, Earthjustice, the Southern Environmental Law Center, and Lawyers for Good Government filed the lawsuit on behalf of ECJ grant recipients. The Environmental Protection Agency (EPA) shut down $2.8 billion in grants that Congress had told the agency to make. This lawsuit argues the EPA violated the Constitution and the Administrative Procedure Act.
We’re asking the court to order the EPA to reverse its decision, which would restore the program nationwide. Without this funding, projects that reduce pollution, increase climate resilience, and build community capacity to tackle environmental harms in communities most at risk.
Update:
On June 27, 2025, the coalition asked the court for a preliminary injunction, requesting that the EPA immediately reinstate the grant program, resume grant disbursement, and release previously withheld funds.
We’re also asking the court to ensure the EPA notifies grantees about their grant status and provide a status report demonstrating its compliance with the order.
At the same time, we filed a motion to certify this case as a class action. This allows Public Rights Project and our legal partners to represent a larger group of plaintiffs who have been affected, not just those currently named in the case.
Update:
On August 29, the court dismissed the case and denied our request for a preliminary injunction, clearing the way for the federal government to cut off funding to 350 grantees. Relying on recent court decisions, the court said it lacked jurisdiction and ruled that some of the claims should be brought before the Court of Federal Claims. Our motion for a class action certification was therefore deemed moot and the court dismissed it. We are disappointed by this outcome and are assessing next steps to support our clients as they continue to fight for this environmental justice program.
Update:
On Sept. 16, the coalition of named plaintiffs filed an appeal challenging the dismissal of the case, in the U.S. Court of Appeals for the District of Columbia.
Update:
On Oct. 27, the coalition asked the U.S. Court of Appeals for the District of Columbia to overturn the district court’s decision that said it didn’t have the authority to hear the case. The earlier ruling denied the coalition’s request to block the EPA from ending the grant program. In the new brief, the coalition argues that the district court — not the Court of Federal Claims — has jurisdiction to hear plaintiffs’ claims under the Constitution and the Administrative Procedure Acts.
Update:
On July 21, 2026, the D.C. Circuit Court of Appeals set aside the lower court’s decision to dismiss the case. It now returns to the district court for further proceedings. This means the fight isn’t over.
The appeals court didn’t rule on the merits of our constitutional claims. It also didn’t address the Department of Justice’s arguments that the district court lacked jurisdiction to hear our claims about termination of an entire grant program. Instead, it found that the district court made a procedural error by dismissing the case without first deciding whether new funding language in the One Big Beautiful Bill Act had made it moot. The appeals court therefore set aside the lower court’s entire decision and sent it back for further consideration. We’re evaluating next steps.
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