The U.S. Court of Appeals for the District of Columbia Circuit on Monday ordered a fresh round of briefing in the legal battle over $20 billion in Biden-era climate grants terminated by the Trump administration so the judges could weigh the effect of last year’s sweeping GOP spending law.
The move comes just weeks after the powerful appellate court held an en banc argument before a panel of 10 judges — and could provide early insight into the court’s thinking about the Greenhouse Gas Reduction Fund.
The D.C. Circuit on Feb. 24 re-heard EPA’s effort to undo a preliminary injunction issued last spring that said the agency likely violated the law when Administrator Lee Zeldin terminated the grants. A three-judge panel had previously sided with EPA, but the full court agreed in a rare move to re-decide the case.
In another unusual move, the court ordered further briefing on a specific legal question Monday. Post-argument briefing typically indicates the court feels an issue was not fully fleshed out in the prior briefings and argument, and can offer some insight into the judges’ initial thinking by highlighting an area they are closely considering.
