Nonprofits, Tribes, and Local Governments Appeal Dismissal of EPA Program Termination

Yesterday, a coalition of nonprofits, Tribes, and local governments filed an appeal challenging a federal district judge’s dismissal of their challenge to the Environmental Protection Agency’s unlawful termination of the Environmental and Climate Justice Program (ECJP). Plaintiffs also ask for a court order requiring the EPA to keep the program funds available while the appeal is heard.

Earthjustice, Southern Environmental Law Center, Public Rights Project, and Lawyers for Good Government filed the appeal on behalf of ECJP grant recipients.

“Communities across the country have lost out on important projects to reduce pollution, increase community climate resilience, and build community capacity to tackle environmental harms,” said Hana Vizcarra, senior attorney at Earthjustice. “We’ll keep fighting alongside our partners and clients to hold the administration accountable for its unlawful elimination of this critical program.”

“The court’s ruling is a major setback for communities and critical environmental projects,” said Jill Habig, founder and CEO of Public Rights Project. “While our appeal is pending, the funds should remain available to protect climate resilience. We will keep fighting to return these taxpayer dollars to cities, counties, and Tribes.”

“Congress, in Section 138 of the Clean Air Act, created the Environmental and Climate Justice Block grant program to allow disadvantaged communities across the country to address pressing issues such as extreme weather, air pollution, and wildfires,” said Ben Grillot, senior attorney at SELC. “The district court did not find that EPA’s decision to terminate the entire program was lawful — only that it did not have jurisdiction over the claims. That decision was wrong — our challenge belongs in district court.”

“We can’t afford to give up. The work we have planned in this grant with our partners directly benefits all Texans living on the Gulf Coast, but especially those suffering from the health impacts of air pollution. They deserve to have a voice, so we remain undeterred in our efforts,” said Jennifer M. Hadayia, Executive Director of Air Alliance Houston.

Background

The Environmental and Climate Justice Program was created by the Inflation Reduction Act (IRA) under Clean Air Act (CAA) Section 138 to award $3 billion in grants to community-based non-profits, Tribes, local governments, and higher education institutions in every state to tackle the climate crisis and environmental harms at the local level. The Trump administration’s EPA terminated this program in the Spring of 2025, despite a Congressional directive to fund the program.

In June 2025, a group of plaintiffs from every region of the country sought class action certification and preliminary relief so that all 350 grant recipients who have been harmed by the wholesale termination of the EPA program may continue their initiatives. These community-based initiatives include improving climate disaster preparedness, expanding workforce development opportunities, improving and monitoring air quality, mitigating stormwater and flood damage, combating high energy costs, and improving community members’ ability to participate in decision-making and permitting processes that impact their health and environment.