A federal appeals court won’t force EPA to immediately restart its climate justice grant program.
A divided 4th U.S. Circuit Court of Appeals said Thursday it would halt a July 22 order from a lower bench that required EPA to revive the program.
The decision is a preliminary win for the Trump administration, which earlier this month asked the Richmond, Virginia-based appeals court to overturn the ruling, saying the money and staff for the program are already gone. As a result of the 4th Circuit’s order, EPA’s program will remain on hold pending completion of the agency’s appeal.
Fourth Circuit Judge Allison Jones Rushing, a Trump appointee, entered the order with the concurrence of Judge Paul Niemeyer, a George H.W. Bush appointee. The order said Judge Toby Heytens, a Biden nominee, would deny the Trump administration’s motion, but did not elaborate.