A coalition of nonprofits, indigenous tribes, and local governments has filed a lawsuit against the U.S. Environmental Protection Agency (EPA). The legal action challenges the termination of $2.8 billion in environmental and climate justice grants, funds initially allocated to disadvantaged communities for vital resilience projects.
Kipnuk, Alaska: A Community on the Front Lines
One of the plaintiffs, the Native Village of Kipnuk (Qipneq) in Alaska, faces severe environmental challenges due to its location on thawing permafrost along the Kugkaktlik River. Years of increased high water, flooding, and erosion, exacerbated by stronger storms, have destabilized the riverbanks and damaged critical infrastructure, including power sources and community buildings. Despite numerous assessments over 15 years, the tribe has seen little action to protect their community.
Kipnuk was initially awarded a $20 million Community Change Grant from the EPA’s $3 billion environmental and climate justice program. This funding was intended to address severe erosion along the riverbank. However, just weeks after the project’s planned start date in March 2025, the funding was frozen and subsequently terminated by the Trump administration in May, leaving the tribe disheartened and without the means to proceed.
Broken Promises in Rural Virginia
Similarly, the town of Clinchco, Virginia, a former coal community grappling with economic decline and a poverty rate exceeding 40%, is facing setbacks. Residents had envisioned a green space along the McClure River for flood mitigation and a resiliency hub with backup power. These plans, developed through EPA-funded listening sessions coordinated by the nonprofit Appalachian Voices, are now “dead in the water” following the grant cancellation.
Clinchco had requested approximately $40,000 for initial project costs. Tina Deel, Clinchco’s Clerk of Council, described the situation as “heartbreaking” and expressed shock at the funding withdrawal, particularly from a Trump administration that many in the town had supported. Appalachian Voices noted that even with state and private funding, projects like Clinchco’s have been delayed by years, with the loss of the EPA grant representing a broken promise.
Legal Arguments: Separation of Powers and ‘Power of the Purse’
The lawsuit, filed on June 25 and scheduled for hearing on August 5 in the U.S. District Court for the District of Columbia, hinges on arguments about the separation of powers. Plaintiffs contend that the executive branch overstepped its authority by canceling programs authorized and funded by Congress. Hana Vizcarra, a senior attorney at Earthjustice representing plaintiffs, argues that the EPA violated Congress’s “power of the purse” by terminating the environmental and climate justice program established under the Inflation Reduction Act and the Clean Air Act.
Attorneys plan to cite a previous ruling in ‘Green & Healthy Homes Initiatives, Inc., et al. v. EPA,’ where a Maryland federal court found the government unlawfully canceled similar grants. While that ruling is under appeal, it established that the EPA cannot cancel grants simply because environmental justice is not a priority for the current administration.
The scope of the current lawsuit, ‘Appalachian Voices et al. v. EPA,’ is broader, seeking reinstatement of funding for all affected awardees. The EPA has filed a motion to dismiss, arguing the case is moot due to a new bill, the “One Big Beautiful Bill Act” (OBBB). However, attorneys argue the OBBB did not retroactively bar funds for these projects, only rescinded unobligated funds, while the awarded grants remain obligated.
What are your thoughts on the EPA’s cancellation of these grants and the subsequent lawsuit? Do you believe the executive branch overstepped its authority? Share your views in the comments below!
