Federal appeals court to hear arguments in environmental justice grant class-action suit
FOR IMMEDIATE RELEASE
March 11, 2026
CONTACT
Dan Radmacher, Media Specialist, (276) 289-1018, dan@appvoices.org
Tasha Durrett, Senior Communications Manager, 571-405-1101, tdurrett@selc.org
WASHINGTON, D.C. — On Monday, March 16, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments from attorneys representing community-based nonprofits, tribes, and local governments seeking to restore more than $3 billion in federal grants for local projects that address environmental harms and climate change impacts.
Plaintiffs represented by the Southern Environmental Law Center, Earthjustice, Public Rights Project and Lawyers for Good Government are appealing a U.S. District Court judge’s August 2025 decision to dismiss the class-action case, Appalachian Voices et al v. U.S. Environmental Protection Agency. The District Court judge had granted the government’s motion arguing that the case belongs in the U.S. Court of Federal Claims.
The plaintiffs contend that the decision by the administration to cancel an entire program enacted and funded by Congress raises important questions related to the constitutional separation of powers and the Administrative Procedures Act that are under the District Court’s purview. The Environmental and Climate Justice Block Grant Program was created by the Inflation Reduction Act under Clean Air Act Section 138.
“The arbitrary and abrupt cancellation of these grants pulled the rug out from under local environmental projects across the country, disrupting and halting projects that meet the goals set by Congress,” said Appalachian Voices Executive Director Tom Cormons. “Our case is about core constitutional separation of powers and rule of law issues that need to be considered on their merits.”
“Local residents and leaders in the Southwest Virginia mountains put time and energy into planning projects that strengthen their communities while addressing repeated disasters such as flooding, only to have the federal government walk away from its commitment to back this work,” said Appalachian Voices New Economy Program Manager Emma Kelly. “Congress authorized this grant program and grant recipients followed through — the EPA should as well.”
“This argument is another step in our fight to restore the Environment and Climate Justice Block grant program,” said Ben Grillot, Senior Attorney for SELC. “Congress mandated that EPA award grants to reduce air pollution and prepare communities for natural disasters and extreme weather. EPA’s decision to eliminate this program was unlawful and has harmed communities throughout the South and across the country.”
Read a June 2025 blog from Tom Cormons about the case filing.
