IMLA Federal Funding Update

AK
Amanda Karras
Fri, Jun 27, 2025 1:46 PM

Good morning,

I am attaching a class action lawsuit filed on 6/25/25 by nonprofits, Tribes, and six local governments.  They are challenging the federal government's termination of the Environmental and Climate Justice Block Grant programs.  The complaint argues that EPA terminated the grants en masse for policy reasons without reviewing individual grants or distinguishing among grant recipients or activities.  They argue that the EPA's termination of these grants violates the separation of powers, the presentment clauses, and APA.

The plaintiffs seek to represent the following class:

All entities that received awards from the EPA authorized in whole or in part by 42 U.S.C. § 7438 which EPA then terminated after January 20, 2025 (including statutory partners). The covered awards are Environmental Justice Collaborative Problem Solving Cooperative Agreements (CFDA 66.306); Environmental and Climate Justice Community Change Grants (CFDA 66.616); Thriving Communities Grantmaking Grants (CFDA 66.615); Environmental Justice Government-to-Government Program awards awarded to non-State entities (CFDA 66.312), as well as awards to Thriving Communities Technical Assistance Centers (CFDA 66.309).

This class excludes the plaintiffs in Sustainability Institute v. Trump, No. 25-cv-2152-RMG (D.S.C.) or Green & Healthy Homes Initiative, Inc. v. EPA, No. 25-cv-01096 (D. Md.) and excludes entities whose awards were expressly terminated for identified financial or performance failures.

They argue that certification is appropriate because the proposed class is so numerous that joinder is impracticable given that the defendants terminated approximately 350 grant awards. They argue they meet the commonality requirement because the claim turns on common questions of fact and law that are capable of class wide resolution, which are:

a)                  Whether EPA engaged in a course of conduct that unlawfully terminated the Environmental and Climate Justice Block Grant program under which class members received their grants;

b)                Whether EPA's termination of the Environmental and Climate Justice Block Grant program violated the Constitution's Separation of Powers and Presentment Clauses;

c)                  Whether EPA's termination of the Environmental and Climate Justice Block Grant program violated the APA;

d)                Whether Plaintiffs and the other class members are entitled to injunctive and/or declaratory relief.

Thanks,
Amanda

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Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
P: (202) 466-5424 x7116
D: (202) 742-1018
51 Monroe St. Suite 404 Rockville, MD, 20850
Plan Ahead! See IMLA's upcoming eventshttps://imla.org/events/, calls and programming.

Good morning, I am attaching a class action lawsuit filed on 6/25/25 by nonprofits, Tribes, and six local governments. They are challenging the federal government's termination of the Environmental and Climate Justice Block Grant programs. The complaint argues that EPA terminated the grants en masse for policy reasons without reviewing individual grants or distinguishing among grant recipients or activities. They argue that the EPA's termination of these grants violates the separation of powers, the presentment clauses, and APA. The plaintiffs seek to represent the following class: All entities that received awards from the EPA authorized in whole or in part by 42 U.S.C. § 7438 which EPA then terminated after January 20, 2025 (including statutory partners). The covered awards are Environmental Justice Collaborative Problem Solving Cooperative Agreements (CFDA 66.306); Environmental and Climate Justice Community Change Grants (CFDA 66.616); Thriving Communities Grantmaking Grants (CFDA 66.615); Environmental Justice Government-to-Government Program awards awarded to non-State entities (CFDA 66.312), as well as awards to Thriving Communities Technical Assistance Centers (CFDA 66.309). This class excludes the plaintiffs in Sustainability Institute v. Trump, No. 25-cv-2152-RMG (D.S.C.) or Green & Healthy Homes Initiative, Inc. v. EPA, No. 25-cv-01096 (D. Md.) and excludes entities whose awards were expressly terminated for identified financial or performance failures. They argue that certification is appropriate because the proposed class is so numerous that joinder is impracticable given that the defendants terminated approximately 350 grant awards. They argue they meet the commonality requirement because the claim turns on common questions of fact and law that are capable of class wide resolution, which are: a) Whether EPA engaged in a course of conduct that unlawfully terminated the Environmental and Climate Justice Block Grant program under which class members received their grants; b) Whether EPA's termination of the Environmental and Climate Justice Block Grant program violated the Constitution's Separation of Powers and Presentment Clauses; c) Whether EPA's termination of the Environmental and Climate Justice Block Grant program violated the APA; d) Whether Plaintiffs and the other class members are entitled to injunctive and/or declaratory relief. Thanks, Amanda [logo]<https://imla.org/> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> Amanda Karras (she/her) Executive Director / General Counsel International Municipal Lawyers Association P: (202) 466-5424 x7116 D: (202) 742-1018 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA's upcoming events<https://imla.org/events/>, calls and programming.