Nonprofits, Tribes, and Local Governments Appeal to Restore EPA Grant Program

Today, the U.S. Court of Appeals for the D.C Circuit will hear oral arguments to determine the fate of more than $3 billion in federal Environmental and Climate Justice Block Grants. These funds, authorized by Congress under the Inflation Reduction Act (which added Section 138 to the Clean Air Act), were abruptly terminated by the Trump administration, stripping critical resources from communities working to ensure clean air, safe water, and climate resilience. 

Attorneys from Earthjustice, Lawyers for Good Government (L4GG), Southern Environmental Law Center (SELC), and Public Rights Project are representing a coalition of  community-based nonprofits, Tribes, and local governments in Appalachian Voices et al v. U.S. Environmental Protection Agency. This coalition is appealing a U.S. District Court’s August 2025 decision that dismissed the case under the argument that it belongs under the jurisdiction of the U.S. Court of Federal Claims. 

“Communities across the country have lost out on projects that would have tackled environmental harms, reduced pollution, and increased climate resilience because the Trump administration thinks it is above the law,” said Hana Vizcarra, Deputy Managing Attorney at Earthjustice. “We’re fighting alongside our partners and clients to hold the administration to account for its wholesale elimination of EPA’s grant program, which unlawfully stripped these beneficial projects from communities across the country.”

“It’s been almost a year since our CCG grant was terminated, and the conditions that inspired us to apply for it in the first place are not getting better. Texas Gulf Coast communities can’t wait for the EPA to honor its commitments,” said Jennifer M. Hadayia, MPA, Executive Director of Air Alliance Houston. “Too many people are suffering from the health impacts of air pollution, and they deserve to have a voice. Our program fundamentally changes the balance of power toward that goal. We worked hard for these funds on behalf of our communities, as did all of the plaintiffs this case. Now, it’s time for the court to stand up for us.” 

“We continue to urgently call for the full restoration of the Environmental Protection Agency’s Environmental and Climate Justice Programs,” said Steven Ridini, President and CEO of Health Resources in Action. “The EPA’s wrongful termination of $3 billion in funding strips communities across the country—and here in New England—of resources that save lives. These investments reduce toxic pollution, protect residents from escalating climate threats like extreme heat and flooding, strengthen energy independence, create jobs, and build the resilient infrastructure our communities need to withstand a rapidly changing climate. This funding is essential. The Environmental Justice movement has spent decades fighting for sustained, community‑driven solutions to dismantle environmental hazards and reverse generations of disinvestment. Cutting these programs destabilizes the very communities they were designed to support and undermines critical public health and environmental justice work. Restoring this funding is a necessary step to ensure every community has the opportunity not just to survive, but to thrive in the face of today’s climate realities.”

“Created by the Inflation Reduction Act under Clean Air Act Section 138, the Environmental and Climate Justice Program was a lawfully passed Congressional mandate intended to help address the real harm to public health in communities of color and low-wealth, caused often by past government actions. Moreover, the EPA’s own Inspector General has said that the Biden EPA went above and beyond legal requirements and best practices in administering the program. We hope the Court of Appeals will see through the lower court’s error and recognize the Trump administration’s actions for what they are: an arbitrary and capricious, not to mention illegal, attempt to disregard the will of the people – through a Congressional mandate – to provide America’s most vulnerable communities with the support they need to address fundamental inequities in environmental and health protections,” said Anhthu Hoang, PhD, Esq., Deputy Director of WE ACT for Environmental Justice.

“The rule of law exists to ensure that the government remains accountable to the people and the laws enacted by Congress,” said Senior Vice President,  Jillian Blanchard, at Lawyers for Good Government. “Communities across this country spent years advocating for these resources, and they made life-altering decisions based on EPA’s promise. To claw back those funds now undermines that trust. L4GG is fighting to restore these funds because a promise made with mandated funding should be a promise kept, and no administration is above the laws passed to protect our communities’ health and future.”

The grants in question were designed to fund projects ranging from air quality monitoring to the implementation of clean energy in over-burdened areas. 

“Local governments and Tribal nations began hiring staff, signing contracts, and launching projects to make their communities healthier and more resilient based on these federal awards — only to have the federal government abruptly pull the rug out from under them. Congress authorized these funds, and the administration cannot simply ignore the law,” said Jonathan Miller, Chief Program Officer at Public Rights Project.

“This argument is another step in our fight to restore the Environment and Climate Justice Block grant program. Congress mandated that EPA award grants to reduce air pollution and prepare communities for natural disasters and extreme weather. EPA’s decision to eliminate this program was unlawful and has harmed communities throughout the South and across the country,” said Ben Grillot, Senior Attorney at Southern Environmental Law Center.

The arguments  will determine whether the court will hear the case that compels the restoration of these funds.