Attorney General James Takes Action to Block Unlawful Termination of Environmental Justice Grant Program

NEW YORK – New York Attorney General Letitia James co-led 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 James and the coalition argue EPA’s abrupt and unlawful termination of the program and cancellation of grants has 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.

“These climate and environmental justice grants are a lifeline for communities that have been historically left behind,” said Attorney General James. “From Buffalo to Far Rockaway, New Yorkers were counting on these funds to access clean energy, clean up air pollution, and prepare for climate disasters. When the federal government breaks its promises to our most vulnerable communities, the consequences can be devastating, even deadly. My office is fighting to ensure this grant program is restored so that New Yorkers are protected as we combat the climate crisis.”

In the brief filed today in Appalachian Voices v. EPA, Attorney General James and 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 under-resourced, have less access to infrastructure like clean drinking water and sanitation, and end up bearing the brunt of the burden from extreme weather disasters, since they are less equipped to recover from devastating events or easily adapt to a changing climate.

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. In New York alone, 22 grantees were awarded more than $70 million in funding to carry out projects to protect vulnerable residents from extreme heat, flooding, air pollution, and other environmental hazards. Another grantee, Fordham University in the Bronx, was awarded $50 million to provide as grants to community-based organizations in New York, as well as New Jersey, Puerto Rico, the U.S. Virgin Islands, and eight Indigenous Nations, for environmental justice projects. Grantees, often in partnership with non-profit organizations, academic institutions, and city agencies, would use the funds to protect residents from extreme weather events in Albany, Rochester, and Buffalo; combat flooding and excess heat in the Bronx and Yonkers; protect the Rockaways from storm surges; and more.

Now, the sudden termination of these grants has forced grantees to lay off staff, halt programming, and freeze hiring. Attorney General James and the coalition argue 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 attorneys general emphasize that the executive branch cannot override Congress’s appropriations decisions based on its own policy preferences, and that in doing so, the administration violated the U.S. Constitution.

Attorney General James and the coalition are urging the court to grant the plaintiffs’ motion for a preliminary injunction and ensure that the environmental justice grants will remain available for the communities that so desperately need them.

Joining Attorney General James in filing this brief, which was co-led with Massachusetts Attorney General Andrea Joy Campbell and California Attorney General Rob Bonta, are the attorneys general of Arizona, Colorado, Connecticut, Hawai'i, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.