Case: Climate United Fund v. Citibank

1:25-cv-00698 | U.S. District Court for the District of District of Columbia

Filed Date: March 8, 2025

Case Ongoing

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Case Summary

This case challenged the freezing of federal grant funds meant for green infrastructure projects. Plaintiffs, the Climate United Fund, a non profit financial institution, filed a lawsuit in the United States District Court for the District of Columbia. The case was assigned to Judge Tanya S. Chutkan. The plaintiffs named Citibank, N.A., the U.S. Environmental Protection Agency (EPA), and the EPA Administrator as the defendants. Climate United sought injunctive and declaratory relief, claiming t…

The dispute stemmed from the National Clean Investment Fund (NCIF), a program under the Greenhouse Gas Reduction Fund (GGRF), which Congress established through the Inflation Reduction Act of 2022. Climate United was selected as a grantee in April 2024, receiving $6.97 billion in funding to support clean energy projects across the United States, particularly in low-income, rural, and tribal communities. Under the terms of the grant, Climate United’s funds were held at Citibank, which served as a financial agent under an Account Control Agreement (ACA) executed with the EPA.

Problems began in early 2025 after the EPA administrator publicly expressed opposition to the GGRF, calling it "criminal" and vowing to recover the funds. On February 18, 2025, Climate United submitted a routine request to withdraw funds from its Citibank account. However, Citibank refused to process the transaction, citing the need for further guidance from the EPA. Despite multiple follow-ups, Citibank continued to deny access to the funds, even though the EPA had not legally exercised its right to take exclusive control of the accounts.

In its complaint filed on March 8, 2025 (and subsequent amended complaint on March 17), Climate United claimed that Citibank breached its contractual obligations under the ACA by refusing to disburse funds. The lawsuit further accused Citibank of conversion and wrongful withholding of funds. Against the EPA and its Administrator, Climate United alleged violations of the Administrative Procedure Act (APA), arguing that the agency had suspended or terminated the grant without following legal procedures, that it violated the Inflation Reduction Act, and that its actions were arbitrary and capricious. The complaint also included a constitutional claim under the Due Process Clause of the Fifth Amendment, asserting that the EPA had deprived Climate United of a protected property interest without legal justification. Further, the plaintiffs argued defendants violated the Appropriations Clause by re-obligating funds appropriated by Congress. Climate United sought a court order requiring Citibank to release the frozen funds, an injunction preventing the EPA from interfering with grant disbursements, and declaratory relief confirming that the EPA’s actions were unlawful.

On March 10, plaintiffs filed a motion for a temporary restraining order (TRO) asking the Court to order defendant Citibank to comply with its contractual obligations under the ACA, including disbursement of NCIF grant funds. In addition, the TRO requested the Court to order the EPA to stop impeding Citibank from complying with its contractual obligations. Citibank opposed the TRO motion, claiming the plaintiffs failed to show they were likely to succeed on the merits because “Citibank has lawfully followed instructions received from the United States Government under its Financial Agency Agreement and therefore has fully complied with its contractual obligations to Treasury, EPA, and Climate United.” The EPA opposed the TRO motion, claiming the plaintiff's TRO request was moot because the Grant was terminated on March 11, 2025, ending the plaintiff’s performance and right to request disbursement of funds—among other claims.

On March 18, 2025, Judge Chutkan granted in part and denied in part plaintiffs' TRO. This order enjoined the EPA and Citibank from giving effect to the EPA termination letter, from transmitting or taking action to implement the termination of plaintiffs’ grants, and from moving or transferring the grant funds to any party other than the account holders.

On March 25, Judge Chutkan ordered that this case be consolidated with California Infrastructure and Economic Development Bank v. Citibank (1:25-cv-00820); Coalition for Green Capital v. Citibank, N.A. (1:25-cv-00735); Power Forward Communities, Inc. v. Citibank (1:25-cv-00762). This case was designated as the lead case, and all further filings in this case were directed to be filed here.

On March 21, 2025, the plaintiffs filed a consolidated motion for a preliminary injunction to enjoin the EPA from (1) “effectuating EPA’s March 11, 2025 “Notice of Termination” as to each Plaintiff”; (2) “unlawfully suspending or terminating Plaintiffs’ grant awards, including by issuing a Notice of Exclusive Control, effectuating the Notice of Termination, or limiting access to funds in accounts established in connection with Plaintiffs’ grants, including funds in accounts established by Plaintiffs’ subgrantees, except as permitted in accordance with the applicable Account Control Agreement (“ACA”) with Citibank, the grant awards, and applicable law”; or (3) “directly or indirectly impeding Citibank or causing Citibank to deny, obstruct, delay, or otherwise limit access to funds in accounts established in connection with Plaintiffs’ grants.” The motion further requested the Court to enjoin Citibank from (1) violating its obligations under the ACA, or (2) transferring or moving funds out of accounts established in connection with the plaintiffs’ grants.

On March 26, defendants filed their response in opposition to the plaintiffs' motion for preliminary injunction. Citibank claimed it did not violate its contractual obligations to the plaintiffs, and the federal defendants argued their actions were not in violation of statutory or constitutional law. Judge Chutkan has yet to rule on this motion.

On March 28, plaintiffs filed to extend the TRO by fourteen days to allow the Court time to decide on the preliminary injunction motion. The Court granted the request on March 31, but only extended the TRO by seven days.

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Summary Authors

Jillian Snyman (3/25/2025)

Power Forward Communities, Inc. v. Citibank, District of District of Columbia (2025)

California Infrastructure and Economic Development Bank v. Citibank, District of District of Columbia (2025)

Justice Climate Fund v. Environmental Protection Agency, District of District of Columbia (2025)

Inclusiv, Inc. v. U.S. Environmental Protection Agency, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69718818/parties/climate-united-fund-v-citibank-na/

Judge(s)

Attorney for Plaintiff

Akrawi, Emma (District of Columbia)

Benish, Kevin D. (District of Columbia)

Boak, Scott William (District of Columbia)

Carvalho, Simon De (District of Columbia)

Attorney for Defendant

Allen, Kenneth Winn (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Akrawi, Emma (District of Columbia)

Benish, Kevin D. (District of Columbia)

Boak, Scott William (District of Columbia)

Carvalho, Simon De (District of Columbia)

Chen, Kevin (District of Columbia)

Citron, Eric F. (District of Columbia)

Douglis, Allison N. (District of Columbia)

Foley, Kathleen (District of Columbia)

Gillett, Gabriel K. (District of Columbia)

Gross, James (District of Columbia)

James, Jason Elliott (District of Columbia)

Larson, Oliver (District of Columbia)

Levy, Vincent (District of Columbia)

Lockhead, Tanner (District of Columbia)

McCombs, Theodore A.B. (District of Columbia)

Neitzel, Beth C. (District of Columbia)

Richards, Megan Anne (District of Columbia)

Rios-Keating, Catherine (District of Columbia)

Robbins, David B. (District of Columbia)

Setrakian, Robert William (District of Columbia)

Shaw, Noah C. (District of Columbia)

Smith, Jack C. (District of Columbia)

Strong, Meghan (District of Columbia)

Surdo, Peter Nathaniel (District of Columbia)

Unikowsky, Adam Granich (District of Columbia)

Wynbrandt, Kathryn L. (District of Columbia)

Zimmer, David (District of Columbia)

Attorney for Defendant

Allen, Kenneth Winn (District of Columbia)

McElroy, Saunders Lee (District of Columbia)

Sacks, Marcus S (District of Columbia)

VanLandingham, Kevin Paul (District of Columbia)

Expert/Monitor/Master/Other

FARAG, TAREK (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00698	Complaint for Declaratory and Injunctive Relief	March 8, 2025	March 8, 2025 Complaint
2 1:25-cv-00698	Climate United's Motion for Temporary Restraining Order	March 10, 2025	March 10, 2025 Pleading / Motion / Brief
14 1:25-cv-00698	Defendant Citibank, N.A.'s Opposition to Plaintiff Climate United Fund's Motion for Temporary Restraining Order	March 12, 2025	March 12, 2025 Pleading / Motion / Brief
16 1:25-cv-00698	Federal Defendants' Opposition to Climate United Fund's Motion for Temporary Restraining Order	March 12, 2025	March 12, 2025 Pleading / Motion / Brief
24 1:25-cv-00698	Amended Complaint for Declaratory and Injunctive Relief	March 17, 2025	March 17, 2025 Complaint
23 1:25-cv-00698	Notice of Proposed Order	March 17, 2025	March 17, 2025 Pleading / Motion / Brief
29 1:25-cv-00698	Order	March 18, 2025	March 18, 2025 Order/Opinion
28 1:25-cv-00698	Memorandum Opinion	March 18, 2025	March 18, 2025 Order/Opinion 2025 WL 842360
33 1:25-cv-00698	Plaintiffs' Consolidated Motion for Preliminary Injunction	March 21, 2025	March 21, 2025 Pleading / Motion / Brief
49 1:25-cv-00698	Federal Defendants' Opposition to Plaintiffs' Consolidated Motion for Preliminary Injunction	March 26, 2025	March 26, 2025 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69718818/climate-united-fund-v-citibank-na/

Last updated April 22, 2025, 8:32 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against CITIBANK, N.A., UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN ( Filing fee $ 405 receipt number ADCDC-11528517) filed by CLIMATE UNITED FUND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - CITIBANK, N.A., # 3 Summons - UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, # 4 Summons - LEE ZELDIN, # 5 Summons - ATTORNEY GENERAL PAMELA BONDI, # 6 Summons - US ATTORNEY GENERAL EDWARD R. MARTIN, JR.)(Unikowsky, Adam) (Entered: 03/08/2025) 1 Civil Cover Sheet View on PACER 2 Summons - CITIBANK, N.A. View on PACER 3 Summons - UNITED STATES ENVIRONMENTAL PROTECTION AGENCY View on PACER 4 Summons - LEE ZELDIN View on PACER 5 Summons - ATTORNEY GENERAL PAMELA BONDI View on PACER 6 Summons - US ATTORNEY GENERAL EDWARD R. MARTIN, JR. View on PACER	March 8, 2025	March 8, 2025 Clearinghouse
2	MOTION for Temporary Restraining Order by CLIMATE UNITED FUND. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth Bafford in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Proposed Order)(Unikowsky, Adam) Modified docket text on 3/10/2025 (mg). (Entered: 03/10/2025) 1 Memorandum in Support View on RECAP 2 Declaration of Elizabeth Bafford in Support View on RECAP 3 Exhibit 1 View on RECAP 4 Exhibit 2 View on RECAP 5 Exhibit 3 View on RECAP 6 Exhibit 4 View on RECAP 7 Exhibit 5 View on RECAP 8 Exhibit 6 View on RECAP 9 Exhibit 7 View on RECAP 10 Exhibit 8 View on RECAP 11 Exhibit 9 View on RECAP 12 Proposed Order View on RECAP	March 10, 2025	March 10, 2025 Clearinghouse
	.Order	March 10, 2025	March 10, 2025 PACER
	.Order AND ~Util - Set/Reset Deadlines/Hearings	March 10, 2025	March 10, 2025 PACER
3	ENTERED IN ERROR.....LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CLIMATE UNITED FUND (Unikowsky, Adam) Modified on 3/10/2025 (zsl). (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
	Case Assigned to Judge Tanya S. Chutkan. (zsl)	March 10, 2025	March 10, 2025 PACER
4	SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
	NOTICE OF NEW CASE ERROR regarding 3 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests. The following error(s) need correction: Blank/Incomplete/Missing form. Form filed as fillable PDF. Please file form in a non-fillable PDF format. (zsl)	March 10, 2025	March 10, 2025 PACER
5	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CLIMATE UNITED FUND (Unikowsky, Adam) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
	MINUTE ORDER: The parties are hereby ORDERED to appear for an in-person hearing on the 2 Motion for Temporary Restraining Order on March 12, 2025, at 4:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. Upon consideration of the parties' proposed briefing schedule, it is further ORDERED that Defendants' Reply is due on March 12, 2025, at 12:00 PM. Plaintiff shall notify counsel for Defendants of the contents of this Minute Order. Signed by Judge Tanya S. Chutkan on 3/10/2025. (zcll)	March 10, 2025	March 10, 2025 PACER
	MINUTE ORDER: The court will provide access for the public to telephonically attend the hearing scheduled for March 12, 2025, at 4:00 PM. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 3/10/2025. (zcll)	March 10, 2025	March 10, 2025 PACER
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gabriel K. Gillett, Filing fee $ 100, receipt number ADCDC-11531560. Fee Status: Fee Paid. by CLIMATE UNITED FUND. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Unikowsky, Adam) (Entered: 03/10/2025) 1 Declaration in Support View on RECAP 2 Certificate of Good Standing View on RECAP 3 Proposed Order View on RECAP	March 10, 2025	March 10, 2025 PACER
7	NOTICE of Appearance by Kenneth Winn Allen on behalf of CITIBANK, N.A. (Allen, Kenneth) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
8	NOTICE of Appearance by Saunders Lee McElroy on behalf of CITIBANK, N.A. (McElroy, Saunders) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
	NOTICE of Provisional/Government Not Certified Status re 7 NOTICE of Appearance by Kenneth Winn Allen on behalf of CITIBANK, N.A. (Allen, Kenneth).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/17/2025. (zhcn)	March 10, 2025	March 10, 2025 PACER
	RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 7 NOTICE of Appearance by Kenneth Winn Allen on behalf of CITIBANK, N.A. (Allen, Kenneth).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/17/2025. (zhcn) Modified on 3/12/2025 (zhcn).	March 10, 2025	March 10, 2025 PACER
9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Allison N. Douglis, Filing fee $ 100, receipt number ADCDC-11534156. Fee Status: Fee Paid. by CLIMATE UNITED FUND. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Unikowsky, Adam) (Entered: 03/11/2025) 1 Declaration in Support View on RECAP 2 Certificate of Good Standing View on RECAP 3 Proposed Order View on RECAP	March 11, 2025	March 11, 2025 RECAP
	Notice of Provisional/Government Not Certified Status	March 11, 2025	March 11, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice	March 11, 2025	March 11, 2025 PACER
10	NOTICE of Appearance by Marcus S Sacks on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (Sacks, Marcus) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
11	NOTICE of Appearance by Kevin Paul VanLandingham on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (VanLandingham, Kevin) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
12	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIBANK, N.A. (McElroy, Saunders) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 RECAP
13	NOTICE OF GRANT TERMINATION by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (Attachments: # 1 Exhibit 1)(Sacks, Marcus) (Entered: 03/11/2025) 1 Exhibit 1 View on RECAP	March 11, 2025	March 11, 2025 RECAP
	MINUTE ORDER: GRANTING Motions for Leave to Appear Pro Hac Vice as to 6 Gabriel K. Gillett and 9 Allison N. Douglis. Gabriel K. Gillett and Allison N. Douglis are hereby admitted pro hac vice to represent Plaintiff Climate United Fund in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 3/11/2025. (lcer)	March 11, 2025	March 11, 2025 PACER
14	Memorandum in opposition to re 2 Motion for TRO, filed by CITIBANK, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(Allen, Kenneth) (Entered: 03/12/2025) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Text of Proposed Order View on RECAP	March 12, 2025	March 12, 2025 Clearinghouse
15	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CITIBANK, N.A. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Allen, Kenneth) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
16	Memorandum in opposition to re 2 Motion for TRO, filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (Attachments: # 1 Declaration Schindel, # 2 Exhibit Exs. to Schindel Decl.)(VanLandingham, Kevin) (Entered: 03/12/2025) 1 Declaration Schindel View on RECAP 2 Exhibit Exs. to Schindel Decl. View on RECAP	March 12, 2025	March 12, 2025 Clearinghouse
17	RESPONSE re 13 Notice (Other) filed by CLIMATE UNITED FUND. (Unikowsky, Adam) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 RECAP
18	NOTICE of Appearance by Allison N. Douglis on behalf of CLIMATE UNITED FUND (Douglis, Allison) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
19	NOTICE of Appearance by David B. Robbins on behalf of CLIMATE UNITED FUND (Robbins, David) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
20	NOTICE of Appearance by Gabriel K. Gillett on behalf of CLIMATE UNITED FUND (Gillett, Gabriel) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 RECAP
	MINUTE ORDER: Upon consideration of Defendant Citibank's 15 Motion for Leave to File Under Seal, the court GRANTS the motion for the reasons asserted. Signed by Judge Tanya S. Chutkan on 3/12/2025. (lcer)	March 12, 2025	March 12, 2025 PACER
21	SEALED Exhibit re 14 Memorandum in opposition filed by CITIBANK, N.A.. (This document is SEALED and only available to authorized persons.)(zjm) Modified on 3/18/2025 to add docket link (zjm). (Entered: 03/13/2025)	March 12, 2025	March 12, 2025 PACER
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 3/12/2025 re 2 MOTION for Temporary Restraining Order filed by CLIMATE UNITED FUND held and concluded. Minute Order forthcoming. Court Reporter Janice Dickman. (ztl)	March 12, 2025	March 12, 2025 PACER
	Motion Hearing	March 13, 2025	March 13, 2025 PACER
22	TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan held on March 12, 2025; Page Numbers: 1-44. Date of Issuance: March 14, 2025. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/4/2025. Redacted Transcript Deadline set for 4/14/2025. Release of Transcript Restriction set for 6/12/2025.(Dickman, Janice) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
	.Order AND ~Util - Set/Reset Deadlines	March 14, 2025	March 14, 2025 PACER
	MINUTE ORDER: Following the Motion Hearing held on 3/12/2025, it is hereby ORDERED that Plaintiff's request for Leave to Amend its Complaint is due by Monday, March 17, 2025, by 5:00PM EST. It is further ORDERED that by Monday, March 17, 2025, by 5:00PM EST, Federal Defendants shall file a declaration addressing the basis for the grant termination, see ECF No. 13, including the proffer of evidence discussed at the hearing. Signed by Judge Tanya S. Chutkan on 3/14/2025. (lcer)	March 14, 2025	March 14, 2025 PACER
	.Order AND ~Util - Set/Reset Hearings	March 16, 2025	March 16, 2025 PACER
	MINUTE ORDER: The parties in No. 25-cv-698, No. 25-cv-735, and No. 25-cv-762, are hereby ORDERED to appear for an in-person motion hearing on the 2 Motion for Temporary Restraining Order on March 17, 2025, at 12:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the restrictions outlined in the March 10, 2025, Minute Order. Signed by Judge Tanya S. Chutkan on 3/16/2025. (lcer)	March 16, 2025	March 16, 2025 PACER
	Order	March 16, 2025	March 16, 2025 PACER
23	NOTICE of Proposed Order re 2 by CLIMATE UNITED FUND (Attachments: # 1 Proposed Order Granting Temporary Restraining Order)(Unikowsky, Adam) Modified on 3/19/2025 to add docket link (zjm). (Entered: 03/17/2025) 1 Proposed Order Granting Temporary Restraining Order View on RECAP	March 17, 2025	March 17, 2025 Clearinghouse
	Motion Hearing	March 17, 2025	March 17, 2025 PACER
24	AMENDED COMPLAINT against CITIBANK, N.A., UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN filed by CLIMATE UNITED FUND.(Unikowsky, Adam) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 Clearinghouse
25	NOTICE of Declaration by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (Attachments: # 1 Declaration of Eric Amidon)(VanLandingham, Kevin) (Entered: 03/17/2025) 1 Declaration of Eric Amidon View on RECAP	March 17, 2025	March 17, 2025 RECAP
26	NOTICE to the Court by CLIMATE UNITED FUND (Unikowsky, Adam) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 RECAP
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 3/17/2025 re 2 MOTION for Temporary Restraining Order filed by CLIMATE UNITED FUND. Pursuant to Federal Rule of Civil Procedure 42(a), the Court will consolidate the Civil Cases 25-698, 25-735, 25-762. Minute Order Forthcoming. Court Reporter Jeff Hook. (ztl)	March 17, 2025	March 17, 2025 PACER
27	TRANSCRIPT OF MOTION HEARING before Judge Tanya S. Chutkan held on March 17, 2025. Page Numbers: 1 - 45. Date of Issuance: March 18, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/8/2025. Redacted Transcript Deadline set for 4/18/2025. Release of Transcript Restriction set for 6/16/2025.(Hook, Jeff) (Entered: 03/18/2025)	March 18, 2025	March 18, 2025 PACER
	Motion Hearing	March 18, 2025	March 18, 2025 PACER
28	MEMORANDUM OPINION re: Plaintiff's 2 Motion for Temporary Restraining Order. Signed by Judge Tanya S. Chutkan on 3/18/2025. (lcer) (Main Document 28 replaced on 3/19/2025) (zsmc).	March 18, 2025	March 18, 2025 Clearinghouse
29	ORDER GRANTING in part and DENYING in part Plaintiff's 2 Motion for Temporary Restraining Order. See Order for details. Signed by Judge Tanya S. Chutkan on 3/18/2025. (lcer) (Entered: 03/18/2025)	March 18, 2025	March 18, 2025 Clearinghouse
30	Joint STATUS REPORT by CLIMATE UNITED FUND. (Unikowsky, Adam) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 RECAP
	.Order AND ~Util - Set/Reset Deadlines/Hearings	March 19, 2025	March 19, 2025 PACER
	Order	March 19, 2025	March 19, 2025 PACER
	MINUTE ORDER: Upon consideration of the parties' 30 Joint Status Report, the court adopts and sets the following deadlines: Plaintiffs shall file their motions for a preliminary injunction by March 21, 2025. Defendants shall file an answer to the motions by March 26, 2025. Plaintiffs shall reply by March 28, 2025. For the reasons stated in the 30 Joint Status Report, Plaintiffs shall file a single consolidated opening brief with a 60-page limit and a single consolidated reply brief with a 30-page limit. The court will hold a hearing on Plaintiffs' motions on Wednesday, April 2, 2025, at 12:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. Signed by Judge Tanya S. Chutkan on 3/19/2025. (lcer)	March 19, 2025	March 19, 2025 PACER
	MINUTE ORDER: The court will provide access for the public to telephonically attend the hearing scheduled for April 2, 2025. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 3/20/2025. (smc)	March 20, 2025	March 20, 2025 PACER
	.Order	March 20, 2025	March 20, 2025 PACER
	Remark- Consolidation	March 20, 2025	March 20, 2025 PACER
	Order	March 20, 2025	March 20, 2025 PACER
	MINUTE ORDER: As noticed in the March 17 hearing, see March 17, 2025 Min. Order, the court will consolidate cases 25-cv-698, 25-cv-735, and 25-cv-762 pursuant to Federal Rule of Civil Procedure 42(a). All filings and papers related to the consolidated cases shall be filed in the lead case: 25-cv-698. Is if further ORDERED that the parties shall NOT "spread the text" when filing documents in the lead cases. Signed by Judge Tanya S. Chutkan on 3/20/2025. (lcer)	March 20, 2025	March 20, 2025 PACER
	MINUTE ORDER: As noticed in the March 17 hearing, see March 17, 2025 Min. Order, the court will consolidate cases 25-cv-698, 25-cv-735, and 25-cv-762 pursuant to Federal Rule of Civil Procedure 42(a). All filings and papers related to the consolidated cases shall be filed in the lead case: 25-cv-698. It is further ORDERED that the parties shall NOT "spread the text" when filing documents in the lead cases. Signed by Judge Tanya S. Chutkan on 3/20/2025. (lcer) Modified on 3/21/2025 (zsmc).	March 20, 2025	March 20, 2025 PACER
31	STATUS REPORT by CITIBANK, N.A.. (Allen, Kenneth) (Entered: 03/20/2025)	March 20, 2025	March 20, 2025 RECAP
	Remark	March 20, 2025	March 20, 2025 PACER
	Cases Consolidated: The following cases have been consolidated with this case: 25-cv-00762-TSC and 25-cv-00735-TSC pursuant to 03/10/20025 Minute Order. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm)	March 20, 2025	March 20, 2025 PACER
32	NOTICE of Appearance by James Gross on behalf of POWER FORWARD COMMUNITIES, INC. (Gross, James) (Entered: 03/21/2025)	March 21, 2025	March 21, 2025 PACER
33	MOTION for Preliminary Injunction by CLIMATE UNITED FUND. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth Bafford, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Declaration of Vincent Levy, # 15 Exhibit A, # 16 Exhibit B, # 17 Exhibit C, # 18 Exhibit D, # 19 Exhibit E, # 20 Exhibit F, # 21 Exhibit G, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit J, # 25 Declaration of Stephen Brown, # 26 Declaration of Jessica Buendia, # 27 Declaration of Eli Hopson, # 28 Declaration of Richard Kauffman, # 29 Declaration of Shaun Donovan, # 30 Declaration of Ari Matusiak, # 31 Declaration of Timothy J. Mayopoulos, # 32 Declaration of John Moon, # 33 Text of Proposed Order)(Unikowsky, Adam) (Entered: 03/21/2025) 1 Memorandum in Support View on RECAP 2 Declaration of Elizabeth Bafford View on RECAP 3 Exhibit 1 View on PACER 4 Exhibit 2 View on RECAP 5 Exhibit 3 View on RECAP 6 Exhibit 4 View on RECAP 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Exhibit 8 View on PACER 11 Exhibit 9 View on PACER 12 Exhibit 10 View on RECAP 13 Exhibit 11 View on PACER 14 Declaration of Vincent Levy View on RECAP 15 Exhibit A View on PACER 16 Exhibit B View on PACER 17 Exhibit C View on PACER 18 Exhibit D View on PACER 19 Exhibit E View on PACER 20 Exhibit F View on PACER 21 Exhibit G View on PACER 22 Exhibit H View on PACER 23 Exhibit I View on PACER 24 Exhibit J View on RECAP 25 Declaration of Stephen Brown View on PACER 26 Declaration of Jessica Buendia View on PACER 27 Declaration of Eli Hopson View on PACER 28 Declaration of Richard Kauffman View on RECAP 29 Declaration of Shaun Donovan View on PACER 30 Declaration of Ari Matusiak View on PACER 31 Declaration of Timothy J. Mayopoulos View on PACER 32 Declaration of John Moon View on RECAP 33 Text of Proposed Order View on PACER	March 21, 2025	March 21, 2025 Clearinghouse
34	NOTICE of Appearance by Kevin Chen on behalf of POWER FORWARD COMMUNITIES, INC. (Chen, Kevin) (Entered: 03/24/2025)	March 24, 2025	March 24, 2025 PACER
35	NOTICE of Appearance by Beth C. Neitzel on behalf of POWER FORWARD COMMUNITIES, INC. (Neitzel, Beth) (Entered: 03/24/2025)	March 24, 2025	March 24, 2025 PACER
36	NOTICE of Appearance by Jack C. Smith on behalf of POWER FORWARD COMMUNITIES, INC. (Smith, Jack) (Entered: 03/24/2025)	March 24, 2025	March 24, 2025 PACER
37	NOTICE of Appearance by Vincent Levy on behalf of COALITION FOR GREEN CAPITAL (Levy, Vincent) (Entered: 03/24/2025)	March 24, 2025	March 24, 2025 RECAP
38	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah C. Shaw, Filing fee $ 100, receipt number ADCDC-11565216. Fee Status: Fee Paid. by POWER FORWARD COMMUNITIES, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Neitzel, Beth) (Entered: 03/25/2025)	March 25, 2025	March 25, 2025 PACER
	Remark- Consolidation	March 25, 2025	March 25, 2025 PACER
	Remark	March 25, 2025	March 25, 2025 PACER
	Cases Consolidated: The following cases have been consolidated with this case: 25-cv-00820-TSC. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm)	March 25, 2025	March 25, 2025 PACER
	Notice of Error	March 26, 2025	March 26, 2025 PACER
	NOTICE OF ERROR regarding 38 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah C. Shaw, Filing fee $ 100, receipt number ADCDC-11565216. Fee Status: Fee Paid.. The following error(s) need correction: Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata (zjm)	March 26, 2025	March 26, 2025 PACER
39	ERRATA Certificate of Good Standing by POWER FORWARD COMMUNITIES, INC. re 38 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Errata Certificate of Good Standing)(Neitzel, Beth) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 RECAP
40	NOTICE of Appearance by Jason Elliott James on behalf of ILLINOIS FINANCE AUTHORITY (James, Jason) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
41	NOTICE of Appearance by Emma Akrawi on behalf of EFFICIENCY MAINE TRUST (Akrawi, Emma) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
42	NOTICE of Appearance by Scott William Boak on behalf of EFFICIENCY MAINE TRUST (Boak, Scott) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
43	NOTICE of Appearance by Catherine Rios-Keating on behalf of MINNESOTA CLIMATE INNOVATION FINANCE AUTHORITY (Rios-Keating, Catherine) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
44	NOTICE of Appearance by Meghan Strong on behalf of CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK Associated Cases: 1:25-cv-00698-TSC, 1:25-cv-00820-TSC(Strong, Meghan) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
45	NOTICE of Appearance by Oliver Larson on behalf of MINNESOTA CLIMATE INNOVATION FINANCE AUTHORITY (Larson, Oliver) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
46	AFFIDAVIT of Mailing re 1 COMPLAINT by MINNESOTA CLIMATE INNOVATION FINANCE AUTHORITY RE SUMMONS AND COMPLAINT. (Attachments: # 1 Certificate of Service)(Rios-Keating, Catherine) Modified on 3/27/2025 to correct event/add docket link (zjm). (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 RECAP
47	NOTICE of Appearance by Megan Anne Schultz Richards on behalf of CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (Richards, Megan) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 PACER
48	RESPONSE re 33 MOTION for Preliminary Injunction filed by CITIBANK, N.A.. (Attachments: # 1 Text of Proposed Order)(Allen, Kenneth) (Entered: 03/26/2025) 1 Text of Proposed Order View on PACER	March 26, 2025	March 26, 2025 Clearinghouse
49	Memorandum in opposition to re 33 Motion for Preliminary Injunction,,, filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (Attachments: # 1 Declaration Declaration of Dan Coogan, # 2 Exhibit Exhibits to Coogan Declaration, # 3 Declaration Declaration of Eric Amidon, # 4 Exhibit Exhibits to Amidon Declaration, # 5 Declaration Declaration of Gregg Treml, # 6 Declaration Declaration of Kevin Bailey, # 7 Exhibit Exhibits to Bailey Declaration)(Sacks, Marcus) (Entered: 03/26/2025) 1 Declaration Declaration of Dan Coogan View on RECAP 2 Exhibit Exhibits to Coogan Declaration View on RECAP 3 Declaration Declaration of Eric Amidon View on RECAP 4 Exhibit Exhibits to Amidon Declaration View on RECAP 5 Declaration Declaration of Gregg Treml View on RECAP 6 Declaration Declaration of Kevin Bailey View on RECAP 7 Exhibit Exhibits to Bailey Declaration View on RECAP	March 26, 2025	March 26, 2025 Clearinghouse
50	NOTICE of Appearance by Peter Nathaniel Surdo on behalf of MINNESOTA CLIMATE INNOVATION FINANCE AUTHORITY (Surdo, Peter) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 PACER
51	NOTICE of Appearance by Kevin D. Benish on behalf of COALITION FOR GREEN CAPITAL (Benish, Kevin) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 PACER
52	MOTION for Temporary Restraining Order -- Extending Existing Temporary Restraining Order, by COALITION FOR GREEN CAPITAL. (Attachments: # 1 Text of Proposed Order)(Levy, Vincent) (Entered: 03/28/2025) 1 Text of Proposed Order View on PACER	March 28, 2025	March 28, 2025 Clearinghouse
53	REPLY to opposition to motion re 33 Motion for Preliminary Injunction,,, in Support filed by CLIMATE UNITED FUND. (Unikowsky, Adam) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 Clearinghouse
	Order on Motion for Leave to Appear Pro Hac Vice	March 30, 2025	March 30, 2025 PACER
	MINUTE ORDER: GRANTING Motion for Leave to Appear Pro Hac Vice as to 38 Noah C. Shaw. Noah C. Shaw is hereby admitted pro hac vice to represent Plaintiff Power Forward Communities, Inc. in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 3/30/2025. (lcer)	March 30, 2025	March 30, 2025 PACER
54	Unopposed MOTION for Extension of Time to File Answer by CITIBANK, N.A.. (Allen, Kenneth) (Entered: 03/31/2025)	March 31, 2025	March 31, 2025 RECAP
55	MEMORANDUM by CITIBANK, N.A.. (Attachments: # 1 Text of Proposed Order)(Allen, Kenneth) (Entered: 03/31/2025) 1 Text of Proposed Order View on PACER	March 31, 2025	March 31, 2025 RECAP
56	Memorandum in opposition to re 33 Motion for Preliminary Injunction,,, (Opposition to Subgrantee Plaintiffs' Motion for Preliminary Injunction) filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (VanLandingham, Kevin) (Entered: 03/31/2025)	March 31, 2025	March 31, 2025 Clearinghouse
57	ORDER granting Plaintiffs' 52 Motion to Extend Temporary Restraining Order. Signed by Judge Tanya S. Chutkan on 3/31/2025. (lcer) (Entered: 03/31/2025)	March 31, 2025	March 31, 2025 Clearinghouse
58	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Simon A. de Carvalho, Filing fee $ 100, receipt number ADCDC-11581763. Fee Status: Fee Paid. by CLIMATE UNITED FUND. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Unikowsky, Adam) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025 PACER
59	NOTICE of Appearance by Noah C. Shaw on behalf of POWER FORWARD COMMUNITIES, INC. (Shaw, Noah) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 2, 2025	April 2, 2025 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Spending Freezes/Cuts)

Trump Administration 2.0: Challenges to the Government (Environmental Protections)

Key Dates

Filing Date: March 8, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Climate United is a nonprofit financial institution whose mission is to leverage public and private financing to remove financial barriers to deploying clean energy. Climate United’s work aims to unleash American clean energy and build a stronger, more efficient, and more resilient economy that lowers energy costs, creates jobs, improves public health, and benefits every American, while making the United States more competitive, secure, and energy independent.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Citibank (South Dakota), Private Entity/Person

U.S. Environmental Protection Agency, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens