Good afternoon:
Here are a few federal funding updates.
I am attaching a letter sent to all recipients of transportation funds dated yesterday (7/2), which notifies the recipients that DOT considers any policies or requirements related to climate change, greenhouse gas emissions, racial equity, gender identity, "DEI", environmental justice, and the Justice 40 Initiative that were incorporated in to the terms, schedules, exhibits and attachments of federal financial assistance agreements under the Biden administration to be null and void. The letter notifies recipients of financial assistance that they are released of their obligations to comply with these policies immediately.
In Illinois v. FEMA, the plaintiffs / States filed their motion for summary judgment, which you can review here: https://storage.courtlistener.com/recap/gov.uscourts.rid.59597/gov.uscourts.rid.59597.58.0.pdf. In terms of scope of relief, the States argue that the court should vacate the promulgation of the immigration conditions. The States cite to the recent Trump v. Casa decision (on universal injunctions) where the Supreme Court left this option on the table in a footnote, explaining it wasn't ruling on the availability of vacatur under the APA. In the alternative, the States argue the court should permanently enjoin the enforcement of the conditions against the States and their subdivisions and instrumentalities.
I am also attaching an amended complaint in Illinois v. FEMA. The Amended Complaint adds DC as a plaintiff and adds a few new factual developments, including a quote from Secretary Noem about the continued use of the sanctuary jurisdiction list (which was published on 5/29 and then taken down 2 days later). Secretary Noem indicated the list was "absolutely continuing to be used..." The Amended Complaint also adds new factual allegations related to the particular grants that FEMA claims will not have the standard terms and conditions apply to.
Thanks,
Amanda
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Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
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