An appeals court in Boston seemed inclined to instruct a federal judge to rework her ruling that ordered the Trump administration to immediately release funds awarded under climate and infrastructure spending laws.
During oral argument Thursday, three judges of the 1st U.S. Circuit Court of Appeals noted that since an order last April releasing grants issued under the Inflation Reduction Act and bipartisan infrastructure law, the Supreme Court in Trump v. CASA set new limits on nationwide injunctions from federal district courts.
“After CASA, how can this be nationwide?” 1st Circuit Chief Judge David Barron asked Kevin Friedl, an attorney for nonprofits challenging the funding freeze.
Friedl, senior counsel at Democracy Forward, a frequent legal opponent of the Trump administration, said the matter falls squarely under the Administrative Procedure Act, which — even in light of CASA — allows courts to set aside unlawful agency rules.
