EPA’s embattled “green bank” grantees are girding for a possible court decision that could determine whether the agency is able to regain control of billions of dollars in climate funding — at least temporarily.
Three months after an appeals panel hearing in the case involving EPA’s Greenhouse Gas Reduction Fund program, the grantees and their advisers see signs that the court might issue a decision soon.
Dale Bryk, a senior attorney with the Environmental and Energy Law Program at Harvard University, noted that the same three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit recently issued opinions in two other cases for which it heard oral arguments in April — shortly before it heard EPA’s appeal of a lower court’s decision in Climate United Fund v. Citibank, the green bank case.
Bryk cautioned that the appeals court’s move would not be the last word in the case.