Nonprofits, Tribes, and Local Governments Appeal Ruling Allowing EPA to Terminate Environmental Justice Grants

Plaintiffs ask D.C. Circuit to restore congressionally mandated funds; without relief, 350+ pollution-reduction and climate-resilience projects remain frozen

WASHINGTON — A coalition of nonprofits, Tribes, and local governments today filed an appeal in the U.S. Court of Appeals for the D.C. Circuit, challenging the lower court ruling that suggests the District Court does not have jurisdiction to hear claims related to EPA’s termination of the Congressionally-mandated Environment and Climate Justice (ECJ) Block Grant program, which Congress mandated to fund local projects addressing pollution, flooding, and climate resilience.

The plaintiffs—represented by Earthjustice, the Southern Environmental Law Center (SELC), the Public Rights Project, and Lawyers for Good Government (L4GG)—seek to restore $3 billion in Congressionally authorized funding that has been unlawfully terminated for more than 350+ grantees.

VIEW THE FILING HERE 

Across the country, hundreds of local projects remain stalled, including critical infrastructure work in the Native Village of Kipnuk, Alaska, where recent catastrophic flooding washed away homes and infrastructure that were set to be protected under an EPA-funded riverbank stabilization project. Kipnuk is now facing another winter without housing or protection, and has had to start a Go Fund Me page to pay for emergency services. And, they are far from alone. With hurricane season underway, communities in every region—in particular, the Southeast—remain more vulnerable to storms, flooding, and pollution because this funding was taken away.

“We’re already seeing the human toll of EPA’s unlawful decision in these flood-ravaged Alaskan villages, which could have had $20M available for emergency riverbank stabilization work if the EPA hadn’t terminated the Kipnuk grant in May of this year. This is the result of an Administration prioritizing tax breaks for billionaires at the cost of human lives and critical infrastructure,” said Jillian Blanchard, Vice President of Climate Change & Environmental Justice at Lawyers for Good Government.
“Inevitably, we will see more tragedies in coastal towns as hurricane season approaches that could have been mitigated.  Resilience hubs in Louisiana will not be built, and as more natural disasters strike due to the heartless rescission of these grants, we’re likely to see more and more avoidable tragedies. The Administration’s choice to strip away these lifelines endangers lives, undermines the law, and abandons the very communities Congress promised to protect. If you consider these terminations with the significant reduction in disaster-relief FEMA funding, we’re staring down the barrel of a climate catastrophe waiting to happen. We’re appealing because the stakes couldn’t be higher.”

If successful, the appeal would reinstate the ECJ grants, allowing more than 350 communities and Tribal governments to resume critical projects—ranging from flood prevention to community resilience  hubs—before more preventable destruction occurs.

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Lawyers for Good Government (L4GG) is a nonprofit organization that harnesses the power of 125,000 lawyers, law students, and advocates in the fight for justice. We identify where lawyers can make the greatest impact and mobilize them to defend democracy and the rule of law, protect civil and human rights, and advance environmental justice through coordinated legal action and advocacy efforts that create meaningful change for all Americans.