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