Good afternoon:
This is a reminder we will have a call tomorrow for federal funding at 3 pm eastern. Here is the zoom link for that meeting: https://us06web.zoom.us/j/82552547555. (Note that there is also an immigration call tomorrow at 2 pm eastern and I will send a separate update out regarding that call though I am copying the immigration group on this message as the King County case pertains to immigration and other conditions on grants).
Here are a few federal funding updates:
In Harris County v. Kennedy (CDC / public health funding suit brought by a coalition of local governments), the court entered the following minute order: "In their opposition to Plaintiffs' Motion for a Preliminary Injunction, Defendants argued that they complied with the appropriations bills at issue in this case by "obligating" the appropriated funds through grants to state and local governments. At argument, government counsel indicated his belief that the government has not just obligated those funds but has in fact "paid out the minimum amounts appropriated by Congress." In light of that representation, the Court orders Defendants to file by May 23, 2025, a declaration (1) confirming the accuracy of counsel's belief, and (2) providing the government's best estimate of how much grant money it paid out under the relevant funding provisions prior to its March 24, 2025 announcement that it would terminate the grants at issue in this case." I am attaching the defendants' declaration submitted in response to this order as well as the plaintiffs' response.
I am attaching the court's order granting the plaintiffs' second motion for a TRO in King County v. Turner. As you will recall, the plaintiffs' amended their complaint to add new grants and new plaintiffs last week. The court noted the claims are materially indistinguishable from those raised in the original TRO it granted and the defendants acknowledged they opposed it on the same grounds. The court therefore granted the motion enjoining HUD and DOT from enforcing or imposing the conditions on the Continuum of Care grant (HUD) and other DOT grants. The court also ordered HUD and DOT not to rescind, withhold, cancel, etc any CoC or DOT funding based on those conditions. The court also enjoined HUD and DOT from requiring a certification related to compliance with the challenged conditions. The court also provided that plaintiffs were not required to post a bond. The TRO will remain in effect until 6/4.
Thanks,
Amanda
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Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
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