FEMA Whistleblowers Reinstated

FEMA retaliated against employees who signed a letter of dissent, the Katrina Declaration;  after whistleblower complaints were filed, the reprisals ended 

WASHINGTON—Today, Federal Emergency Management Agency (FEMA) employees who  were illegally terminated or placed on administrative leave for exercising their First  Amendment and whistleblower rights returned to work. On August 25, 2025, the  employees sent a dissent letter to Congress -- The FEMA Katrina Declaration -- protesting  gross waste and mismanagement, abuses of authority, dangers to public health and  safety, and violations of laws, rules and regulations by Agency management.  

The next day, the Department of Homeland Security (DHS) put the public signers on  indefinite administrative leave, ordered them to cease all work and not contact anyone at  FEMA and DHS. FEMA’s Office of Professional Responsibility then began retaliatory  investigations of the public signers. The employees acknowledged they had in fact signed  the Declaration following which the Agency terminated an employee on the sole charge  that signing the declaration was “Conduct Unbecoming a Federal Employee.” According to  the Specification supporting the charge, the Declaration: 

[I]ncluded multiple disparaging comments and allegations directed at the Federal  Emergency Management Agency, the Department of Homeland Security, the  current Administration, and its members, which undermined the Agency’s goals  and mission. 

During this time, the public signers filed whistleblower complaints with the U.S. Office of  Special Counsel (OSC). They were assisted by Government Accountability Project, in  partnership with Lawyers for Good Government (L4GG) and Stand Up for Science (SUFS),  and pro bono counsel Brandy Mai (brandy@bmailawyer.com), Andrew D. Rotstein  (andrew.d.rotstein@gmail.com) and Joshua R. Cohen and Ellen R. Kramer  (jcohen@crklaw.com). 

Today, the employees returned to work after FEMA ceased retaliating. According to FEMA  management:

Although the [Report oof Investigation] substantiated the employee’s involvement  with the so-called Katrina Declaration, FEMA’s legal counsel has advised that the  employee’s actions are protected under the Whistleblower Protection Act (5 U.S.C.  § 2302(b)(8)) and the First Amendment of the U.S. Constitution. These protections  ensure that employees can disclose information related to misconduct, abuse, or  violations of law without fear of retaliation, provided the disclosure is made in good  faith and aligns with statutory protections. As a result, my recommendation is that  this matter be closed with no disciplinary action. 

David Z. Seide, Senior Counsel at Government Accountability Project, said: 

FEMA did the right thing. This case is important precedent. It reaffirms what should  be obvious: it is unlawful to retaliate against federal employees who exercise their  free speech and whistleblower rights by publicly dissenting against agency policies,  especially those that place lives in danger. 

Amy Powell, Litigation Director of Lawyers for Good Government, said: 

Lawyers for Good Government and our volunteers are proud to stand with the FEMA  whistleblowers. All of our clients who were placed on administrative leave have now  been fully reinstated, but reinstatement is just the first step. These public servants  fulfilled their legal and moral obligation by exposing serious threats to public safety,  and future whistleblowers deserve protection, not punishment. We urge both FEMA  and Congress to take their warnings seriously and begin the critical work of reform,  ensuring accountability for the failures they exposed. 

Colette Delawalla, Founder and Executive Director of Stand Up for Science, said: 

Our team at Stand Up for Science is pleased to see all Katrina Declaration signers  reinstated. We are proud of these public servants for speaking up and continue to  rally behind all who desire to use their First Amendment rights and whistleblower protections to call attention to the harms this Administration’s policies are causing  for the American public.

We share the following statement from the Katrina  Declaration Signers:  

We’re thrilled that our coworkers have been reinstated and are back to  serving the American people. These actions reaffirm what we’ve said all  along: these employees did nothing wrong. Their retaliation was part of a  broader pattern that also targeted employees at the Environmental Protection Agency, the Department of Housing and Urban Development, The United States Department of Agriculture and the National Institutes of  Health. We call for every one of those workers be reinstated immediately. 

The retaliation was a wasteful and costly political stunt, and the concerns we  raised in the Katrina Declaration remain unresolved. Programs are still  stalled, funding remains frozen, and our ability to respond to disasters  continues to be weakened. As we work toward real solutions, it’s critical that  leaders listen to the people who know this work best, the experts and  professionals who understand what it takes to build a stronger FEMA. We  urge Congress to advance the FEMA Act now so the agency can restore stability, uphold its legal obligations, and protect communities effectively.  The work ahead is significant, and we will continue to stand up and speak out  for disaster survivors everywhere. 

L4GG Launches Court of Federal Claims Clinic to Support Organizations Harmed by Unlawful EPA Grant Terminations

WASHINGTON — Lawyers for Good Government (L4GG) today announced the launch of a new Court of Federal Claims (COFC) Clinic designed to support nonprofits, Tribes, local governments, and community organizations whose environmental and climate justice grants were unlawfully terminated by federal agencies this year. The Clinic is launching in partnership with the Environmental Protection Network (EPN), to help onboard grantees seeking assistance.

While grantees’ continue to assert constitutional claims that would restore funding nationwide, hundreds of communities have been left in limbo. Recent court decisions have pushed grantees toward the slower, more burdensome Court of Federal Claims, where each organization must file individually, secure legal counsel, and shoulder costs that many cannot afford.

““This entire process is designed to make people walk away, but L4GG’s Court of Federal Claims Clinic aims to stop this strategy of divide and exhaust from succeeding. If the government breaks a binding grant agreement, the law still provides a remedy, and we are here to help grantees pursue it.”

”Forcing hundreds of under-resourced organizations into one-by-one lawsuits is not justice. These communities were promised and constitutionally obligated funding by Congress to protect themselves from pollution, storms, and public health threats. Our clinic ensures they won’t be abandoned or bullied into submission just because the administration wants these programs to disappear.””

— Jillian Blanchard, Vice President of Climate Change & Environmental Justice at L4GG.

The COFC Clinic offers two forms of  support:

• Remote Pro Bono Clinic: L4GG and volunteer attorneys will help terminated grantees prepare their claims for filing, including reviewing documents, assessing damages, developing legal strategy, and drafting complaints.

• Coordinated Pro Bono/Low Bono Representation in COFC: L4GG will match grantees with trained attorneys prepared to litigate COFC cases, ensuring organizations receive high-quality representation without draining limited budgets already strained by termination of their grants.

Under the administration’s approach, grantees cannot seek reinstatement of their programs in the Court of Federal Claims. COFC provides monetary damages only, creating an enormous barrier to justice, forcing communities to absorb the cost and time to litigate individually, and pressuring smaller organizations to give up entirely. L4GG’s COFC Clinic ensures they have the tools, representation, and support needed to fight back. 

Hundreds of organizations across the country continue to confront flooding, wildfire risk, toxic air pollution, failing infrastructure, and rising energy costs—problems their grants were designed to address. Many have already experienced direct harm, including layoffs, lost contracts, stalled community projects, and worsening climate impacts.

If you are interested in learning more about L4GG’s COFC Clinic, or potentially talking with any of the more than 50 communities that have already signed up for assistance, we’d be happy to help arrange an interview.

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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.

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.

Lawyers for Good Government and Partners Sue EPA to Restore ‘Solar for All’ for Low-Income Families and Tribal Communities

RHODE ISLAND — Lawyers for Good Government (L4GG), together with the Conservation Law Foundation, Southern Environmental Law Center, and Lawyers’ Committee for Rhode Island, today filed a federal lawsuit in the U.S. District Court of Rhode Island, on behalf of a coalition of businesses and nonprofits, challenging the Environmental Protection Agency’s unlawful termination of Solar for All.

The complaint, filed on behalf of the plaintiffs, Rhode Island AFL-CIO, Rhode Island Center for Justice, the Hopi Tribal Council, Solar United Neighbors, Sunpath Consulting, 2KB Energy Services, Energy Independent Solutions, and Black Sun Light Sustainability, asks the court to declare EPA’s termination unlawful, vacate the action, enjoin any de-obligation or interference with funds, and direct EPA to reinstate Solar for All so projects can proceed as intended.

A $7 billion program authorized by Congress, Solar for All represents a generational opportunity to cut skyrocketing power bills, create good-paying jobs, and equip communities to address the causes and consequences of a changing climate. All that funding is intended to get affordable solar power to more people through new leasing and power purchase programs, multifamily installations, workforce development and more.

What’s at stake:

• Household savings & access: According to the EPA’s own estimates, the program was projected to help nearly 900,000 households access solar energy, with participating households collectively saving more than $350 million each year on utility costs and typical low-income households saving ~$400 per year.

• Jobs & training: Hundreds of thousands of high-quality jobs and apprenticeship pipelines with labor partners now at risk.

• Public health & climate: EPA estimated more than 30 million metric tons of carbon dioxide avoided, which is equal to taking 7 million cars off the road.

• Tribal communities: More than 7% of funds slated for Tribal nations. On the Hopi reservation, where nearly 35% of homes lack electricity, distributed solar is the only feasible option for reliable power.

““EPA’s termination of the $7 billion Solar for All program is a betrayal against a million American families and communities who need access to clean, affordable energy,” said Jillian Blanchard, Vice President, Climate Change & Environmental Justice at L4GG. “By terminating the Solar for All program while simultaneously ending clean air protections, this administration is sending a clear message: they will make Americans pay with their savings and their health in order to benefit the fossil fuel industry. We will not allow this administration to trample the legal rights of Americans, and we will keep fighting for a clean, affordable future for the people and the planet.””

““The executive branch cannot rewrite laws it dislikes or claw back billions already obligated by Congress. If allowed to stand, this would set a dangerous precedent where no federal program is safe from political targeting,” said Gary DiBianco, counsel at L4GG’s Pro Bono Litigation Corps.”

If you’re interested in speaking with Jillian Blanchard, Gary DiBianco, and impacted plaintiffs, let us know and we can look to arrange.

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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.

L4GG Files Amicus Brief Defending $20 Billion Clean Energy Fund From Trump Administration Power Grab

WASHINGTON — Today, Lawyers for Good Government (L4GG) filed an amicus brief as counsel for 40 U.S. Senators and U.S. Representatives, urging the D.C. Circuit Court of Appeals to rehear a case over the Trump administration’s cancellation of the Greenhouse Gas Reduction Fund (GGRF).

The brief argues that the Environmental Protection Agency’s termination of $20 billion in Congressionally mandated clean energy grants, and attempt to claw back already-disbursed funds, is unconstitutional and sets a dangerous precedent.

““Congress created, funded, and directed EPA to deliver this money to build clean energy projects that cut pollution and lower energy bills,” said Jillian Blanchard, Vice President of Climate Change & Environmental Justice at L4GG. “EPA cannot simply undo the law by executive fiat. That’s a violation of the Constitution’s separation of powers.””

The brief, which you can read in full here, argues:

• Congress has the exclusive “power of the purse.” Under the Appropriations and Spending Clauses, only Congress decides how federal funds are allocated.

• EPA’s termination was a power grab. By nullifying programs after money had already been awarded and transferred, the administration usurped Congress’s authority.

• The panel’s decision rewrites precedent. By leaning on a misreading of Dalton v. Specter, the panel ignored clear Supreme Court rulings (Train v. New York, Clinton v. New York) that prohibit the executive branch from refusing to spend funds Congress appropriated.

• If allowed to stand, the ruling creates a de facto line-item veto. Any future administration could cancel duly authorized programs and seize funds Congress already appropriated, undermining democracy and destabilizing community investments.

““This is not a routine contract dispute—it is a constitutional power grab,” said Gary DiBianco, counsel at L4GG’s Pro Bono Litigation Corps. “If the executive can claw back billions that Congress has already spent, then Congress’s power of the purse is deemed insignificant.””

The GGRF was created by the Inflation Reduction Act to invest nearly $20 billion in projects that reduce pollution, lower energy costs, and build resilience in disadvantaged communities. Hundreds of organizations have already begun planning and hiring around these funds, which are now in jeopardy. If you’re interested in learning more about some of those communities and projects impacted, we’d be happy to potentially arrange interviews.

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L4GG is proud to take on this urgent case through our Pro Bono Litigation Corps, which fights for democracy and human rights when traditional pro bono models face unprecedented constraints.

L4GG Condemns District Court Ruling on Class Certification in EPA Lawsuit,Intends to Appeal

Jillian Blanchard, Vice President of Climate Change & Environmental Justice at Lawyers for Good Government (L4GG), issued the following statement in reaction to the disappointing U.S. District Court ruling on class certification in the first-of-its kind lawsuit against the Environmental Protection Agency (EPA), challenging the Trump administration’s unlawful termination of $3 billion in Environmental and Climate Justice (ECJ) Block Grants:

“We are deeply disappointed by Friday’s ruling from Judge Richard J. Leon. His dismissal of this motion and denial of class certification leaves hundreds of under-resourced communities to fend for themselves in challenging one of the most sweeping and unlawful funding terminations in recent history. 

“If these constitutional claims cannot be heard in a District Court, where can they be heard? The Federal Court of Claims—where Judge Leon has said these cases now belong—cannot hear Constitutional claims. This ruling delays relief for 350 grantees nationwide who have been promised money to address basic human needs, including clean air, clean water, and a resilience center to go to during a hurricane.    

“These environmental justice grants were so much more than just contracts. They were commitments made by Congress to address longstanding harms and help local organizations build safer, healthier, more resilient communities, take lead out of drinking water, and reduce asthma rates in children. These are not political issues—they are life and death issues that Congress appropriated $3 billion to address. 

“By dismissing this motion following the Supreme Court’s recent decision to try to force these cases into a small  crowded court, the burden will fall on small nonprofits, Tribes, and local governments to find legal representation, file costly individual suits, and wait for justice, while their critical work remains stalled and their communities remain vulnerable. 

“The decision, while damaging, does not address the key substantive issues associated with the unlawful termination of a complete, Congressionally-mandated program. That issue still needs to be resolved—in District Court—not in the Federal Court of Claims, which does not have the power to reinstate entire programs. They can only rule on breach of contract claims. This fragmentation is exactly what the administration was counting on: a divide and conquer strategy meant to impose a near-impossible barrier to overturning these unconstitutional cuts.

“But we are not walking away. This decision did not delve very much into the merits of the case, and instead was mostly based on an assessment the court did not have jurisdiction. As such, there is more room to pursue other legal avenues, all of which  L4GG and its  partners will pursue to obtain justice for these grantees. We remain committed to restoring this funding, holding power accountable, and ensuring that the communities most impacted by pollution, hurricanes, and dirty water, are not silenced or sidelined.”

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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