Attorney General Clark Files Amicus Brief Opposing Unlawful Termination of Environmental Justice Grant Program

Attorney General Charity Clarktoday joined a coalition of 19 other attorneys general in filing an amicus brief supporting a lawsuit against the U.S. Environmental Protection Agency (EPA) for unlawfully terminating the Environmental and Climate Justice Block Grant Program. The grant program, created and funded by Congress through the 2022 Inflation Reduction Act, is designed to provide critical support to communities disproportionately impacted by pollution and climate change. Attorney General Clarkand the coalition argue that EPA's abrupt and unlawful termination of the program and cancellation of grants have already caused widespread harm across their states, particularly in low-income communities and communities of color, and are urging the court to block the program termination while the lawsuit continues.

In the brief filed today in Appalachian Voices v. EPA, Attorney General Clarkand the coalition emphasize that by terminating this grant program, the federal government is inflicting serious, lasting harm on vulnerable communities already grappling with disproportionate pollution burdens and the escalating effects of climate change. These communities, which are often low-income, communities of color, indigenous, or in rural areas, face overlapping environmental and public health crises.

The attorneys general explain that these challenges have only been made worse by historical discriminatory policies including racial segregation, redlining, and a systemic lack of investment in disadvantaged neighborhoods. These communities are often under-resourced with limited access to vital needs like clean drinking water and are less equipped to recover from devastating weather-related events or to mitigate the increasing impact of climate change within their communities.

In 2022, Congress created the grant program under the Inflation Reduction Act, mandating that EPA distribute $3 billion in funding specifically to help address these disparities. Now, the sudden termination of these grants has forced grantees to lay off staff, halt programming, and freeze hiring.

Attorney General Clarkand the coalition note that EPA's mass cancellation of the environmental and climate justice grant program violates clear congressional mandates and fundamental constitutional principles. Congress directed the EPA to distribute these funds using mandatory language in the Inflation Reduction Act, leaving the agency no discretion to unilaterally withdraw support.

The coalition is urging the court to grant plaintiffs' motion for a preliminary injunction and ensure that the environmental justice grants remain available for the communities that so desperately need them.

Joining Attorney General Clarkin filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Washington, and the District of Columbia.

A copy of the brief is available here.

CONTACT: Amelia Vath, Outreach and Communications Coordinator, 802-828-3171