L4GG Condemns EPA’s Final Repeal of the Endangerment Finding

WASHINGTON — Following today’s final action by the Environmental Protection Agency repealing the 2009 endangerment finding, Jillian Blanchard, Vice President of Climate Change & Environmental Justice at Lawyers for Good Government (L4GG), issued the following statement:

“By finalizing the repeal of the endangerment finding, the EPA has formally declared its loyalty to polluters over people. This decision rips out the scientific and legal foundation that has protected Americans from dangerous climate pollution for more than a decade, and it does so by ignoring decades of peer-reviewed science, sidelining expert consensus, and fast-tracking a change with enormous consequences for public health. 

“Section 202(a)(1) of the Clean Air Act (42 U.S.C. § 7521(a)(1)) clearly states that the EPA Administrator must regulate any air pollutant that can “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” Courts have been clear for years: the Clean Air Act requires EPA to follow the science and regulate climate pollution that endangers human health and welfare. This rule violates both the law and reality, and it will be challenged accordingly.  “Greenhouse gases don’t stop endangering people because an administration says they don’t. Heat waves, floods, wildfires, and toxic air will continue to harm communities whether EPA acknowledges the science or not.

“What makes this move especially egregious is the process itself. EPA rushed this rule through on an artificially short timeline, relied on discredited pseudoscience from a politicized ‘Climate Working Group,’ and dismissed thousands of public comments, claiming any related to climate science  were ‘out of scope.’ That is the definition of arbitrary and capricious decision-making and a failure to observe due process. 

“Communities, states, and advocates, including Lawyers for God Government, will continue to call for administrative reconsideration and push back against this repeal in the courts. This fight is far from over.”

Ryan Hathaway, L4GG’s Director of Environment and Climate Justice and former Director for Environmental Justice under Biden, added the following:

“The EPA can’t just erase the endangerment finding with the stroke of a pen. By 2009, the science was unequivocal: greenhouse gases endanger public health. The Endangerment finding wasn’t political; it was the culmination of decades of measurement, modeling, and global consensus. To reverse it now would not only ignore overwhelming scientific evidence, but unravel one of the rare moments where policy caught up to facts. It would be like deciding, years after seatbelts saved millions of lives, that maybe we never needed them. It’s reckless, ignorant, irresponsible, and will hurt people. We are not going to stand for it.”

If you’d like to connect with Jillian or Ryan to discuss the legal and environmental stakes of this unprecedented rollback, and why courts are likely to view this proposal as unlawful, we’d be happy to 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.

L4GG Files Amicus Brief in Appeal 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, in the appeal of Climate United Fund v. Citibank, N.A. over the Trump administration’s cancellation of the Greenhouse Gas Reduction Fund (GGRF).

The filing responds to the Trump administration’s appeal of a district court ruling that blocked EPA’s attempt to dismantle the program and reclaim funds already awarded. 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 administration’s appeal asks the Court to rewrite precedent. By leaning on a misreading of Dalton v. Specter, the administration ignores 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 the courts and the executive have stripped all meaning from Congress’s power of the purse.”

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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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 Launches Elective Pay Sprint Hub to Help Communities Navigate Complex Clean Energy Requirements and Pay for Projects after HR 1

WASHINGTON — Lawyers for Good Government (L4GG) today announced the launch of its Elective Pay Sprint Hub, a rapid-response initiative designed to help schools, Tribes, nonprofits, faith organizations, and local governments navigate the complex landscape of clean energy tax credits in the wake of the “One Big Beautiful Bill Act” (OBBBA, or H.R. 1). 

With the Trump administration’s escalating efforts to rescind and terminate grant programs, including billions in clean energy and environmental justice funding authorized under the Inflation Reduction Act, community-based projects across the country face steep new compliance hurdles around tax credit requirements and shrinking timelines. These unlawful attempts to claw back funding threaten to derail investments in rooftop solar, battery storage, school and hospital upgrades, and other community-based clean energy solutions that reduce energy costs and improve climate resilience. Tax credit dollars are available, but they’ve become harder to understand and realize.

The Elective Pay Sprint Hub will serve as a concierge service for tax exempt entities to work with L4GG and its partners to design, fund, and implement their clean energy projects in a way that maximizes tax credits, providing:

• Legal and technical support to interpret shifting Treasury and IRS guidance on “placed-in-service” and “beginning-of-construction” requirements.

• Policy expertise to maximize available clean energy tax credits before they phase out.

• Specialized assistance for projects in disadvantaged communities, or those at risk of being stalled or cancelled due to unlawful rescissions.

• Green Financing opportunities connecting L4GG's clients with investors and providing the legal support necessary to build investor confidence in these projects.

“Communities should not lose out on clean energy progress because of political gamesmanship in Washington that convolutes tax credit requirements and shrinks timelines for the credits that remain available. Congress approved this money to lower energy bills, strengthen resilience against disasters, and expand access to clean energy,” said Jillian Blanchard, Vice President of Climate Change & Environmental Justice at L4GG.

“The Elective Pay Sprint Hub exists to ensure communities can still capture those benefits before the window slams shut. It also connects entities with real financial solutions to bridge funding gaps,” said Edward Yim, L4GG’s Director of Clean Energy. “L4GG is committed to helping cities, schools, religious institutions, and communities fight for every dollar they need to implement critical clean energy and resilience projects.” 

L4GG is partnering with an extensive network of partners to carry out this mission, including the Milken Institute and its $1B Capital Mobilization Campaign, World Resources Institute, Urban Sustainability Directors Network, NYU Tax Law Center, Natural Resources Defense Council, the US Climate Alliance, Justice Climate Fund, Community Progressive Caucus Center, S2 Strategies, and the GB 50, among many other partners who are ready to work with L4GG to push clean energy projects forward.  

L4GG is inviting nonprofits, Tribes, faith-based groups, schools, and local governments with pending or at-risk projects to complete a simple intake form and join the Sprint Hub. The initiative will connect projects with pro bono legal support, policy expertise, and technical partners to unlock credits while they remain available. 

To sign up for assistance, please fill out the form HERE.

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