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We want to share two major legal updates and two steps you can take to bolster the defense of your grants. As always, these emails are not legal advice. However, if you need assistance connecting with a pro bono attorney to support you in these matters, please fill out Lawyers for Good Government’s intake form or email them at FPC@L4GG.org.
Two Major Legal Updates
1. The Section 138 Class Action Lawsuit is live!
The Section 138 Class Action Lawsuit Is Live: On June 25, a coalition of nonprofits, Tribes, and local governments sued the Trump administration for unlawfully terminating the EPA’s Section 138 Environmental and Climate Justice Grant Program. The plaintiffs will be seeking class action certification and preliminary relief so that over 350 grant recipients who have been harmed by the wholesale termination of this EPA program may get their grants reinstated. This has been a tremendous effort by the 23 named plaintiffs, supporting declarants, and the incredible litigation team, which is a joint effort by Earthjustice, Southern Environmental Law Center, Public Rights Project, and Lawyers for Good Government (L4GG).
- What does this mean for you? If you have a grant that was funded—in whole or in part—by EPA’s Section 138 Environmental and Climate Justice Program (Community Change Grants, Environmental Justice Collaborative-Problem Solving, Environmental Justice Government-to-Government, TCTAC, and/or Thriving Communities Grantmakers programs), you are not a state grantee, and you have not voluntarily accepted termination, initiated close out proceedings, or filed your own lawsuit to protect your grant, then you stand to benefit from any relief that we hope will be granted by the court. To be clear—you do NOT need to be a named plaintiff to get relief from this lawsuit if we are successful.
- What do I need to do?
- If you are a prime Section 138 grantee (or a CCG statutory partner) or their legal counsel, register HERE for a special briefing on Tuesday, July 1, 2025, from 4pm-5pm eastern/1pm-2pm pacific. L4GG will be able to share more about the lawsuit and answer any questions that you may have.
- If you are a subawardee, consider joining the amicus brief (details below).
- We have prepared a Communications Guide for Section 138 grantees who are not named plaintiffs to help you communicate effectively on this exciting development.
- Please do not comment on any legal matters related to this case to the press, but feel free to talk about your support for the case, the impacts and harms you’re feeling from your grant, etc. Direct any press questions regarding the legal arguments to Jordan Wilhelmi with Lawyers for Good Government at jordan@unbendablemedia.com.
- We recommend that you not accept termination or begin close out proceedings.
2. Three Grantmakers prevail in court.
On June 17, a federal judge in Maryland ruled in favor of three Thriving Community Grantmakers who had challenged their terminations. Congratulations to Green & Health Homes (GHHI, Region 3), The Minneapolis Foundation (Region 5), and Philanthropy Northwest (Region 10)! The judge found that their terminations violated the Administrative Procedures Act and the Constitution, set-aside the terminations, and sent them back to EPA. This is another win on the merits and bolsters the case that challenges to terminations belong in federal district courts, not the Court of Federal Claims.
- What does this mean for you? If you are a subrecipient or partner to the Region 3, 5, or 10 Grantmaker grant, then look for an update from your prime grantee on next steps. If you are a Grantmaker or subrecipient in another region, please note that this decision only applies to these three grantmakers, but is a good sign for other lawsuits. Also note that the Section 138 lawsuit above should cover you if you are not covered by the GHHI lawsuit.
Two Steps to Bolster Defense of Your Grants
1. Encourage EPA Section 138 subawardees to join an amicus brief.
The Conservation Law Foundation is preparing an amicus brief in Section 138 Class Action Lawsuit. The brief will be filed quickly, so this will be a fast-moving exercise. If you are a subawardee and are willing to share stories about how your organization has been harmed, please send an email as soon as possible to Erica Kyzmir-McKeon (ekyzmir-mckeon@clf.org) and Alex St. Pierre (aestpierre@clf.org).
2. Make your voice heard on the Federal Funding Bill.
The reconciliation bill is moving forward and currently rescinds unobligated funds for most climate and clean energy programs and repeals the underlying authorization for the Greenhouse Gas Reduction Fund. The State Support Center has a regularly-updated and detailed overview of the legislation and what it means for states. Please consider reading, then contacting your members of Congress on matters that impact you the most. At this late stage, the most direct path is to call their office and share your views in a polite and direct manner. You can reach your senators via the Capitol Switchboard at (202) 224-3121.
PS. Mindful Space for Scientists and Those Who Advance Science
Join MindLab provided by UCS and EPN.
The Union of Concerned Scientists and the Environmental Protection Network are offering MindLab, a mindfulness space designed to support the well-being of scientists and those who advance science, weekly on Wednesdays from 11:30am-12pm ET through October 2025. MindLab offers simple, science-based tools to help manage stress, regulate emotions, and navigate uncertainty. Whether you’re a scientist, science advocate, or someone seeking a respite in your day, this welcoming space is for you. Register for the sessions here, and add them to your weekly calendar as a reminder to take care of yourself. If you have any questions, comments, or feedback, please don’t hesitate to reach out to Michelle Sophia Peedin at michelle.peedin@environmentalprotectionnetwork.org.