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 Zeldins termination of $20 billion in Biden-era climate grants, a major victory for the Trump administrations 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 its 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 Zeldins terminations in April, ruling that he had violated the law and the Constitution. Chutkans 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.

maxsolomon
(37,356 posts)I wonder if McConnell is capable of regret?
BumRushDaShow
(160,105 posts)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
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)Though it leans a bit further blue (7-4 at the en banc level) - vs 16-13 on the 9th.
BumRushDaShow
(160,105 posts)Should have known that with Chutkan at the district court level.
Democratic appointed: 7
Republican appointed: 4
Martin68
(26,458 posts)Seeking Serenity
(3,238 posts)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.