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BumRushDaShow

(160,105 posts)
Tue Sep 2, 2025, 01:54 PM Sep 2

Appeals court sides with EPA in climate grant terminations fight

Source: Politico

09/02/2025 12:08 PM EDT


A federal appellate court on Tuesday sided with the Environmental Protection Agency in the pitched legal battle over Administrator Lee Zeldin’s termination of $20 billion in Biden-era climate grants, a major victory for the Trump administration’s bid to cancel hundreds of environmental grants and boost fossil fuel production.

The jilted grant recipients are expected to appeal the decision, but even if it’s ultimately upheld, additional litigation will follow — and EPA could find itself on the hook for the outstanding balance, a possibility attorneys at EPA and the Justice Department warned of in internal emails reported by POLITICO in April.

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia had issued an injunction against Zeldin’s terminations in April, ruling that he had violated the law and the Constitution. Chutkan’s injunction was stayed while EPA appealed, preventing any money from moving out of the accounts at Citibank where the Greenhouse Gas Reduction Fund dollars were held.

But a split panel of the D.C. Circuit Court of Appeals on Tuesday reversed Chutkan, saying she should not have issued the injunction.

Read more: https://www.politico.com/news/2025/09/02/appeals-court-epa-climate-grant-00539926



Link to RULING (PDF) - https://fingfx.thomsonreuters.com/gfx/legaldocs/dwpklqwwmvm/09022025climate.pdf

Two 45 judges and an Obama judge.
6 replies = new reply since forum marked as read
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Appeals court sides with EPA in climate grant terminations fight (Original Post) BumRushDaShow Sep 2 OP
Packing the courts has paid off well for the GOP maxsolomon Sep 2 #1
The 9th Circuit is still majority (D) BumRushDaShow Sep 2 #2
This is the DC circuit FBaggins Sep 2 #3
Yup - was multi-tasking with that post (am on MIRT with a mini-troll invasion) BumRushDaShow Sep 2 #4
The rule of law must prevail or else we are lost. Martin68 Sep 2 #5
Agreed. Which is why the plaintiff Grantees have to plead their case in the Court of Federal Claims. Seeking Serenity Sep 3 #6

BumRushDaShow

(160,105 posts)
2. The 9th Circuit is still majority (D)
Tue Sep 2, 2025, 02:45 PM
Sep 2

but it is the luck of the draw for the initial panel.

From my post here - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3510265

United States Court of Appeals for the Ninth Circuit

Democratic appointed: 16
Republican appointed: 13


(ETA - Biden lit a fire under Schumer and appointed and had more confirmed than 45 did, the issue is where they ended up - 45 has way fewer vacancies this go-around than he did his first term and Biden jammed in as many as could be moved)

FBaggins

(28,430 posts)
3. This is the DC circuit
Tue Sep 2, 2025, 08:35 PM
Sep 2

Though it leans a bit further blue (7-4 at the en banc level) - vs 16-13 on the 9th.

BumRushDaShow

(160,105 posts)
4. Yup - was multi-tasking with that post (am on MIRT with a mini-troll invasion)
Tue Sep 2, 2025, 08:46 PM
Sep 2

Should have known that with Chutkan at the district court level.

United States Court of Appeals for the District of Columbia Circuit

Democratic appointed: 7
Republican appointed: 4

Seeking Serenity

(3,238 posts)
6. Agreed. Which is why the plaintiff Grantees have to plead their case in the Court of Federal Claims.
Wed Sep 3, 2025, 03:03 PM
Sep 3

The district court lacked jurisdiction to entertain this case.

Grantees will suffer no damages, and certainly not irreparable damages, that can't be remedied by money. Thus, the Court of Federal Claims is where a lawsuit like this rightly belongs.

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