EPA is now among the agencies facing court orders to reinstate “probationary” employees who were terminated as part of President Donald Trump’s endeavor to shrink the federal government.
A temporary restraining order issued Thursday night by a federal judge in Maryland directed 18 agencies — including EPA and the Interior, Energy and Agriculture departments — to bring back workers with “probationary” status, which generally includes those with less than one to two years of service.
The decision followed a separate order issued Thursday by Senior Judge William Alsup of the U.S. District Court for the Northern District of California, who condemned the firings as a “sham” approach by the government’s human resources department to duck legal obligations for dismissing federal workers.
The judge, a Clinton appointee, aimed his order at the Defense, Treasury, Energy, Interior, Agriculture and Veterans Affairs departments. DOE brought back fired employees hours later, and unions that filed the lawsuit have since urged the court to extend its order to more agencies, including EPA.
Alsup did leave room for the government to conduct “reductions in force,” or RIFs, that follow proper legal procedure. Trump has ordered “large-scale” RIFs, and agencies’ plans for initial cuts were due Thursday.
The temporary restraining order from Senior Judge James Bredar of the U.S. District Court for the District of Maryland expanded Alsup’s decision to at least a dozen more agencies and will remain in effect until March 27, with an option to extend. He ordered agencies to bring back fired workers by Monday.
Democratic attorneys general who filed the lawsuit in the District of Maryland celebrated the ruling from Bredar, an Obama appointee.
“Federal workers dedicate their careers to serving our country. They go to work every day to keep our communities safe, provide health care to those in need, and more,” said New York Attorney General Letitia James in a statement. “The Trump administration’s illegal mass firings of federal workers are causing destruction and confusion throughout the country, and they must stop.
When asked how about the agency’s plans to comply with Bredar’s order, EPA said it is reviewing the decision.
White House spokesperson Karoline Leavitt denounced the court orders as “entirely unconstitutional.”
“The president has the ability to fire or hire, and you have these lower level judges who are trying to block this president’s agenda,” she said to a group of reporters Friday. “It’s very clear.”
The administration is already fighting Alsup’s order in the 9th U.S. Circuit Court of Appeals.
Robin Bravender contributed to this report.
