EPA and the nonprofit groups fighting over the Trump administration’s efforts to terminate $20 billion in Biden-era climate grants were divided Thursday regarding the impact of congressional Republicans’ repeal of the program last year.
The Trump administration argued that the repeal has undercut the grantees’ legal arguments, while the recipients seeking access to the tranche said the legislation didn’t affect their grants or justify terminating them.
The briefs came weeks after three hours of argument before a nearly full slate of the active judges of the U.S. Court of Appeals for the District of Columbia Circuit. The court’s unusual order for post-argument briefing on this specific topic could indicate the judges are focusing on the impact of President Donald Trump’s megalaw in determining the fate of the program.
At issue is the timing of a lower court judge’s injunction against EPA, versus the Republican repeal of the underlying program — and which action now controls the fate of the $20 billion.