Energy & Environment — Appeals court sides with EPA over 'gold bars'

View Online Energy & Environment Energy & Environment The Big Story  Court axes order halting climate spending clawback A federal appeals court has overturned a lower court's ruling that prevented the Trump administration from clawing back billions of dollars in climate spending. © Greg Nash The 2-1 decision from a federal appeals court in Washington, D.C., vacated a lower court ruling that would have prevented the Environmental Protection Agency (EPA) from recouping billions issued for climate-friendly projects under the Biden administration.   The decision, from President Trump appointees Neomi Rao and Gregory Katsas, is expected to enable the administration to rescind unspent funding from the $20 billion program.   To recap: The funds in question are part of a $20 billion "Green Bank" program that passed as part of the Democrats' 2022 Inflation Reduction Act. Last year, under that law, the Biden administration doled out money to eight organizations, which were tasked with sub-awarding it to projects that reduce planet-warming emissions and/or air pollution, including renewable energy endeavors. EPA Administrator Lee Zeldin has attempted to terminate the grants.  The groups that received the money have sued over those efforts, saying the funds are lawfully theirs. Tuesday's opinion does not decide the ultimate outcome of the case, but it does lift an order that prevented the EPA from taking back the money while the litigation over it plays out.   The new opinion, authored by Rao, reasoned that the potential harm to the organizations that received the climate grants is not irreparable and that the government and public are more likely to be harmed by the decision than the organizations that won the funds.   "If the grant terminations are later determined to be a breach of contract, the government may be required to pay damages to the grantees, which would substantially, if not entirely, redress the grantees' interim injuries," Rao wrote.   Judge Cornelia Pillard, an appointee of former President Obama, dissented, describing the EPA's efforts to recoup the money as a "constitutional violation" that "justifies the district court's injunction."   Read more at TheHill.com. Welcome to The Hill's Energy & Environment newsletter, I'm Rachel Frazin  — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains. Did someone forward you this newsletter? Subscribe here. Essential Reads  How policy will affect the energy and environment sectors now and in the future: Trump admin fires EPA employees over letter of dissent The Trump administration notified eight employees of their termination on Friday following their decision to sign a letter dissenting from current policies at the Environmental Protection Agency (EPA), the Associated Press reports.  Full Story 85 climate scientists refute Trump administration report downplaying climate change A group of 85 climate scientists released a review Tuesday refuting a Trump administration report that downplays climate change and its impacts.  Full Story Weather Service, patent office unions sue Trump over order ending collective bargaining Unions representing employees of the National Weather Service and U.S. Patent and Trademark Office sued President Trump on Tuesday over an executive order that sought to end employee rights to collectively bargain with the government.   Full Story What We're Reading  News we've flagged from other outlets touching on energy issues, the environment and other topics: Alaska Produces a Ton of Gas. Soon, Its Biggest City Might Not Have Enough (The New York Times) Explosion at Louisiana Oil Plant Leaves Black Community Coated in Toxic Fallout (Capital B News) On Tap  Upcoming news themes and events we're watching: The House Transportation and Infrastructure Committee will mark up a bipartisan FEMA reform bill The Senate Environment and Public Works Committee will hold an oversight hearing on the Nuclear Regulatory Commission and vote on whether to advance EPA and CEQ nominees The House Natural Resources Committee will hold hearings on bills related to coal and mining, as well as on bills related to topics including dams, endangered species and water management What Others are Reading  Two key stories on The Hill right now: Trump says 11 'terrorists' killed in strike on 'drug vessel' in Caribbean President Trump said on Tuesday that the U.S. military "kinetic" strike took out 11 "terrorists" on a "drug vessel" in the Caribbean after departing Venezuela.  Read more Trump brushes off health speculation: 'It's sort of crazy' President Trump returned to public view on Tuesday after a weeklong break from appearances led to wild online speculation he was sick — or in the case of some baseless posts, even dead. Read more   You're all caught up. See you tomorrow!  Check out The Hill's Energy & Environment page for the latest coverage. Like this newsletter? Take a moment to view our other topical products here 📩 Privacy Policy  |  Manage Subscriptions  |  Unsubscribe  400 N Capitol Street NW Suite 650, Washington, DC 20001 Copyright © 1998 - 2025 Nexstar Media Inc. | All Rights Reserved.

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