U.S. Senators Sheldon Whitehouse, Chris Van Hollen, Ed Markey, and Representative Debbie Dingell have led 36 members of Congress in filing an amicus brief with the United States Court of Appeals for the District of Columbia. The brief challenges actions by the Environmental Protection Agency (EPA) under the Trump Administration to eliminate two climate-related grant programs: the National Clean Investment Fund and the Clean Communities Investment Accelerator. These programs are part of the Greenhouse Gas Reduction Fund (GGRF), which was established through the Inflation Reduction Act.
The lawmakers argue that these EPA efforts represent an unconstitutional attempt to claw back funds already awarded and disbursed into private bank accounts. “At its heart, this is a case about whether the Executive Branch can freeze and confiscate lawfully made funding awards held in private bank accounts without due process because of an Administration’s disagreements with [Congressional] policy decisions,” wrote the lawmakers.
They urged the court to maintain a temporary injunction against these actions, emphasizing that Congress created these programs to promote clean energy investment, economic development, lower energy costs, and reduce pollution. The GGRF is a $27 billion national fund aimed at financing climate initiatives.
The brief asserts that EPA has repeatedly acted against Congressional intent regarding the GGRF. “At every turn, EPA has sought to thwart Congressional intent concerning the GGRF. From day one, the Trump Administration declared war on programs established and funded by the IRA, with a particular venom reserved for two of the GGRF’s catalytic capitalization grant programs, the National Clean Investment Fund and the Clean Communities Investment Accelerator. In their efforts to eliminate Congressionally mandated grant programs, Administration officials have harassed the award recipients with baseless threats of prosecution and sought to claw back disbursed grant money out of private hands,” explained the lawmakers.
Central to this case is whether executive agencies can override laws passed by Congress based on policy disagreements. The lawmakers stated: “If so, then perhaps no one inthe United States is safe from such unchecked arbitrary action.”
A lower court found that EPA intended to dismantle these grant programs entirely as a matter of policy rather than due to any alleged fraud or conflict of interest in their administration. The lawmakers quoted findings from that ruling: “The district court concluded as the finder of fact that ‘the record does indicate that EPA seeks to dismantle these grant programs in their entirety as a policy matter,’” adding that initial claims about fraud were later abandoned in favor of policy-based terminations.
The Trump Administration has not provided substantial reasons for reversing this ruling or engaging meaningfully with it. According to lawmakers: “EPA’s actions to dismantle a Congressionally mandated program are a brazen and impermissible attempt to usurp the Legislative Branch’s power. The Constitution granted the power of the purse to Congress, not the President or his agents.”
There is also disagreement over how rescissions should be applied under recent legislation known as the One Big Beautiful Bill Act (OBBBA). Lawmakers contend that only unobligated balances—not funds already obligated—can be rescinded according to both statutory text and analysis from non-partisan budget authorities.
In addition to Senators Whitehouse, Van Hollen, Markey, and Representative Dingell, signatories include Senators Bernie Sanders, Jeff Merkley, Richard Blumenthal, Brian Schatz, Mazie K. Hirono; Representatives Frank Pallone Jr., Jim McGovern, Jan Schakowsky, Betty McCollum among others.
The Senate Environment and Public Works Committee—which Senator Whitehouse serves as Ranking Member—oversees federal environmental quality programs and infrastructure issues nationwide according to its official website. This committee operates out of offices in Washington D.C., handles legislation affecting conservation needs across all states and influences national policies on environmental regulations and infrastructure maintenance.
Full text of the amicus brief is available online.
