EPA asked a federal judge to stop $625 million in climate grants from going out the door even if she rules against the agency and gives recipients of those funds access to their bank accounts again.
In an “emergency” motion filed even before the judge has ruled, the Trump administration asked that any order giving the climate groups access to the Greenhouse Gas Reduction Fund money be stayed while EPA appeals the ruling. The agency argued the recipients could spend the money immediately if the judge rules in their favor, making it “unlikely” EPA could get the money back.
In making its request, EPA referenced a 5-4 decision by the Supreme Court earlier this month that said the Education Department could move forward with terminating $65 million in state grants after concluding the issue was likely a contract dispute that by law must be heard in another court.
EPA said the same result should be reached in the climate grants case, but the recipients argued there are key differences between the grants that differentiate the cases.