Federal Appeals Court to Hear Arguments in Lawsuit to Restore Environmental and Climate Justice Grant Program

WASHINGTON – 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 Lawyers for Good Government (L4GG), the Southern Environmental Law Center (SELC), Earthjustice, 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 in the U.S. Court of Federal Claims. 

“The rule of law exists to ensure that the government remains accountable to the people and the laws enacted by Congress,” said  Jillian Blanchard, Senior Vice President of Climate Change and Environmental Justice 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. 

“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.

“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.

“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.”

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

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Lawyers for Good Government (L4GG) coordinates large-scale pro bono programs and issue advocacy efforts to protect human rights, defend the environment, and ensure equal justice under the law, and has a network of 125,000+ lawyers to assist in its efforts. lawyersforgoodgovernment.org

Public Rights Project is a nonpartisan nonprofit organization that helps local government officials fight for civil rights. We do this by building their capacity to protect and advance civil rights, convening and connecting them on issues of civil rights, and providing legal representation to governments to help them win in court on behalf of their residents. Since our founding, we’ve built a network of over 1,300 partners, including elected officials and 227 government offices across all 50 states, and helped recover over $46 million in relief for marginalized people. www.publicrightsproject.org 

The Southern Environmental Law Center is one of the nation’s most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 250, including more than 160 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. selc.org

Earthjustice is the premier environmental law organization in the U.S., and the legal backbone of the domestic environmental movement. For over 50 years, we have been fighting in the courts, in legislatures, and in the court of public opinion to stop the climate crisis, create healthy communities free of pollution, safeguard our precious lands and waters, and expand environmental legal frameworks to achieve these goals. Earthjustice.org