A federal judge recently issued a ruling declaring the Environmental Protection Agency’s (EPA) termination of $600 million in environmental justice grants as unlawful. The grants, which were aimed at benefiting low-income areas and communities of color, were part of the Thriving Communities Grantmaking Program under the Biden administration’s initiatives.
Legal Challenges and Background
The ruling on the Thriving Communities Grantmaking Program comes amidst another legal battle where EPA is appealing a previous ruling that deemed its termination of $20 billion in Greenhouse Gas Reduction Fund grants as unlawful. This legal turmoil has been further complicated by Congressional Republicans’ proposals to rescind funding for both grant programs through reconciliation bills.
The Thriving Communities Grantmaking Program was a component of a larger $2.8 billion funding package under the Democrats’ Inflation Reduction Act. The primary goal of this program was to empower community groups to provide block grants addressing pollution that disproportionately affects communities of color, low-income populations, and rural areas.
Despite the EPA’s selection of 11 groups to oversee fund distribution to subrecipients in December 2023, the grants were abruptly terminated in February. This termination was part of the EPA’s broader efforts to discontinue environmental justice work that was initiated during the previous administration.
Legal Ruling and Implications
Judge Adam Abelson of the U.S. District Court for the District of Maryland ruled that the EPA’s termination of these grants violated the Administrative Procedure Act. In his decision, Judge Abelson emphasized that the EPA’s actions contravened Congress’s explicit directive to utilize the funds for environmental justice programs.
Furthermore, the ruling highlighted that the EPA’s termination of the grants was not justified on the grounds of preventing waste, as the agency is obligated to allocate appropriated funds for specified projects that benefit disadvantaged communities.
Following the ruling, the EPA is currently reviewing its legal options in response to the judgment. Community advocates and organizations that were set to benefit from the grants, such as the Green and Healthy Homes Initiative, have expressed relief and optimism about the potential reinstatement of the funds.
Community Support and Future Outlook
Ruth Ann Norton, CEO of the Green and Healthy Homes Initiative, commended the court’s decision and underscored the importance of these funds for addressing environmental quality and public health concerns in communities. She expressed hope that the EPA would align with its stated priorities and support initiatives that enhance environmental well-being.
Similarly, other organizations involved in the legal challenge, like the Minneapolis Foundation and Philanthropy Northwest, lauded the ruling as a victory for local communities and a testament to the commitment to environmental justice mandated by federal law.
