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The US Court of Appeals allows Trump's EPA the ability to revoke climate grants

A U.S. Federal appeals court ruled Tuesday that President Donald Trump can terminate more than 16 billion dollars in grants given to non-profit organizations to combat climate change.

The grants were awarded as a result of the signature 2022 Inflation Reduction Act signed by Biden, Trump's predecessor. They were aimed at reducing greenhouse gases emissions. Under Trump, the Environmental Protection Agency sought to cancel the grants.

A panel of the U.S. Court of Appeals, District of Columbia Circuit, ruled by a 2-1 margin that a lower court judge lacked the jurisdiction to hear a case brought forth by five of the eight non-profits which had received a total of $20 billion in grants under the Greenhouse Gas Reduction Fund Program.

A request for comments was not immediately responded to by either the EPA or an attorney for the plaintiffs.

Under administrator Lee Zeldin, the EPA maintained that the program was not in line with agency priorities and cited potential fraud, abuse and waste. Under Trump, the FBI and Justice Department also investigated this program.

Citibank held the grant funds and awarded them to Climate United Fund Inclusiv, Power Forward Communities and Justice Climate Fund. After their collective funding of over $16 billion dollars was frozen, they sued.

U.S. District Court Judge Tanya Chutkan issued a preliminary order in Washington in April. She held that the actions of the Trump administration were illegal and required Citibank to release the funds.

The appeals court put the ruling on hold while it reviewed the case. On Tuesday, the majority of the three judge panel concluded Chutkan had abused her discretion in issuing this order. The two judges who made up the majority were both appointed by Trump.

U.S. The majority opinion of Circuit Judge Neomi Rao stated that the case of the grant recipients was contractual in nature and that it belonged to a court that deals with monetary claims made against the government. This is the Court of Federal Claims.

Rao said that while Chutkan had jurisdiction to hear a complaint that the EPA did not follow Congress' funding decisions under the Inflation Reduction Act because it did not comply with them, the agency did nothing of the sort, since the law did limit Zeldin’s discretion in denying or terminating grants. (Reporting and editing by Howard Goller; Nate Raymond)

(source: Reuters)