Case: Justice Climate Fund v. Environmental Protection Agency

1:25-cv-00938 | U.S. District Court for the District of District of Columbia

Filed Date: March 31, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Environmental Protection Agency’s (EPA) termination and withholding of grant funds awarded to the Justice Climate Fund (JCF), a nonprofit created to apply for and deploy funding for clean energy and affordable housing projects in disadvantaged communities. This case is related to the case Climate United Fund v. Citibank (1:25-cv-00698), which the Clearinghouse is covering here. (To view the Clearinghouse’s coverage of environmental protection-related cases against the s…

This case challenged the Environmental Protection Agency’s (EPA) termination and withholding of grant funds awarded to the Justice Climate Fund (JCF), a nonprofit created to apply for and deploy funding for clean energy and affordable housing projects in disadvantaged communities. This case is related to the case Climate United Fund v. Citibank (1:25-cv-00698), which the Clearinghouse is covering here. (To view the Clearinghouse’s coverage of environmental protection-related cases against the second Trump administration, click here.) 

On March 31, 2025, JCF sued EPA, EPA administrators, and Citibank, N.A. in the United States District Court for the District of Columbia. JCF’s legal claims were grounded in the Administrative Procedure Act (APA), the Constitution’s Appropriations Clause and Due Process Clause, and federal contract law. 

JCF was awarded $940 million in 2024 through the Clean Communities Investment Accelerator (CCIA), an initiative of the Greenhouse Gas Reduction Fund (GGRF) created by the Inflation Reduction Act of 2022. According to the complaint, JCF's award agreement with EPA and associated financial controls—including a Financial Agent Agreement (FAA) between Citibank and the U.S. Treasury, and an Account Control Agreement (ACA) involving Citibank, JCF, and EPA—strictly limited the grounds on which EPA could terminate funding. The agreement allowed termination only in cases of (1) substantial noncompliance, (2) material misrepresentation of eligibility, or (3) “Waste, Fraud, or Abuse” defined as violations of specific federal criminal or civil laws. The ACA required Citibank to disburse funds to JCF unless the EPA had issued a formal “Notice of Exclusive Control” based on those conditions of termination—something EPA did not do.

JCF learned in late February 2025 that Citibank had stopped processing JCF’s disbursement requests. JCF alleged that EPA orchestrated an unlawful pressure campaign to reclaim GGRF funds from JCF and other recipients. The campaign allegedly included coordination with the Department of Justice and the FBI, which unsuccessfully sought a seizure warrant and requested Citibank freeze accounts. On March 11, 2025, EPA issued JCF a “Notice of Termination,” citing concerns with “program integrity, the award process, programmatic fraud, waste, and abuse, and misalignment with the Agency’s priorities” without identifying any factual misconduct or legal violation by JCF. 

The case was filed amid a broader series of lawsuits, collectively known as the “Climate United Litigation,” involving other terminated GGRF recipients. A temporary restraining order (TRO) was granted in that related litigation, barring EPA from transferring funds or enforcing terminations pending further review. JCF stated that EPA had agreed not to touch its funds at Citibank while the TRO remained in effect.

JCF argued that EPA’s termination was arbitrary, capricious, and illegal under the APA and that Citibank had breached the ACA by freezing the funds without a lawful directive. Represented by law firm Zimmer, Citron & Clarke, JCF sought declaratory and injunctive relief, including an order restoring access to its funds, blocking the EPA from enforcing its termination of JCF’s grant, and requiring Citibank to honor JCF’s disbursement requests. The case was assigned to District Judge Tanya S. Chutkan. 

On April 2, 2025, the plaintiffs filed a motion for preliminary injunction.

On April 10, 2025, the defendants filed a joint motion to consolidate this case "with the Greenhouse Gas Reduction Fund (GGRF) cases already consolidated under Civ. Action No. 1:25-cv-00698," Climate United Fund v. Citibank. On April 15, the court granted the motion—thus, consolidating the cases. From April 15 forward, this case has been consolidated with Climate United Fund v. Citibank (1:25-cv-00698), which the Clearinghouse is covering here, and all further filings and proceedings will happen under the docket of the Climate United Fund case. Accordingly, the court denied as moot the plaintiffs' motion for preliminary injunction, noting in its order, "See Preliminary Injunction Order and forthcoming Memorandum Opinion in lead case No. 25-cv-698 for details."  

Summary Authors

Sylvia Al-Mateen (4/24/2025)

Related Cases

Climate United Fund v. Citibank, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69821558/parties/justice-climate-fund-v-united-states-environmental-protection-agency/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Citron, Eric F. (District of Columbia)

Attorney for Defendant

Allen, Kenneth Winn (District of Columbia)

McElroy, Saunders Lee (District of Columbia)

Sacks, Marcus S (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00938

Complaint for Declaratory and Injunctive Relief

Justice Climate Fund v. United States Environmental Protection Agency

March 31, 2025

March 31, 2025

Complaint
7

1:25-cv-00938

Plaintiff Justice Climate Fund's Motion for Preliminary Injunction

April 2, 2025

April 2, 2025

Pleading / Motion / Brief
13

1:25-cv-00938

Joint Motion to Consolidate

April 10, 2025

April 10, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69821558/justice-climate-fund-v-united-states-environmental-protection-agency/

Last updated Aug. 21, 2025, 10:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11578378) filed by Justice Climate Fund. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons -- Bondi, # 3 Summons Summons -- Citibank, # 4 Summons Summons -- EPA, # 5 Summons Summons -- Martin, # 6 Summons Summons -- McIntosh, # 7 Summons Summons -- Zeldin)(Citron, Eric) (Entered: 03/31/2025)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Summons Summons -- Bondi

View on PACER

3 Summons Summons -- Citibank

View on PACER

4 Summons Summons -- EPA

View on PACER

5 Summons Summons -- Martin

View on PACER

6 Summons Summons -- McIntosh

View on PACER

7 Summons Summons -- Zeldin

View on PACER

March 31, 2025

March 31, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Justice Climate Fund (Citron, Eric) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
3

NOTICE OF RELATED CASE by Justice Climate Fund. Case related to Case No. 25-cv-698. (Citron, Eric) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER

Case Assigned/Reassigned

April 1, 2025

April 1, 2025

PACER

Case Assigned to Judge Tanya S. Chutkan. (zsl)

April 1, 2025

April 1, 2025

PACER
4

NOTICE of Appearance by Kenneth Winn Allen on behalf of CITIBANK, N.A. (Allen, Kenneth) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
5

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIBANK, N.A. (Allen, Kenneth) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
6

NOTICE of Appearance by Saunders Lee McElroy on behalf of CITIBANK, N.A. (McElroy, Saunders) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
7

MOTION for Preliminary Injunction by JUSTICE CLIMATE FUND. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Amir Kirkwood, # 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 Declaration of David Zimmer, # 13 Exhibit A, # 14 Text of Proposed Order)(Citron, Eric) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

Clearinghouse
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David J. Zimmer, Filing fee $ 100, receipt number ADCDC-11585363. Fee Status: Fee Paid. by JUSTICE CLIMATE FUND. (Citron, Eric) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 4, 2025

April 4, 2025

PACER

MINUTE ORDER: GRANTING Motion for Leave to Appear Pro Hac Vice as to 8 David J. Zimmer. David J. Zimmer is hereby admitted pro hac vice to represent Plaintiff Justice Climate 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 4/4/2025. (lcer)

April 4, 2025

April 4, 2025

PACER
10

SUMMONS (7) Issued Electronically as to CITIBANK, N.A., WILLIAM CHARLES MCINTOSH, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP
9

NOTICE of Appearance by Marcus S Sacks on behalf of WILLIAM CHARLES MCINTOSH, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (Sacks, Marcus) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
11

RESPONSE re 7 MOTION for Preliminary Injunction filed by CITIBANK, N.A.. (Attachments: # 1 Text of Proposed Order)(Allen, Kenneth) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
12

NOTICE of Appearance by Kevin Paul VanLandingham on behalf of WILLIAM CHARLES MCINTOSH, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (VanLandingham, Kevin) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
13

Joint MOTION to Consolidate Cases by WILLIAM CHARLES MCINTOSH, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (Attachments: # 1 Text of Proposed Order)(Sacks, Marcus) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

Clearinghouse
14

NOTICE of Appearance by David Zimmer on behalf of JUSTICE CLIMATE FUND (Zimmer, David) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathleen Foley, Filing fee $ 100, receipt number ADCDC-11607603. Fee Status: Fee Paid. by JUSTICE CLIMATE FUND. (Citron, Eric) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER

Order on Motion to Consolidate Cases

April 15, 2025

April 15, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 15, 2025

April 15, 2025

PACER

Create Case Association

April 15, 2025

April 15, 2025

PACER

MINUTE ORDER: GRANTING Motion for Leave to Appear Pro Hac Vice as to 15 Kathleen Foley. Kathleen Foley is hereby admitted pro hac vice to represent Plaintiff Justice Climate 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 4/15/2025. (lcer)

April 15, 2025

April 15, 2025

PACER

MINUTE ORDER: GRANTING the parties' 13 Joint Motion to Consolidate Cases. Pursuant to Federal Rule of Civil Procedure 42(a)(2), the court will consolidate this case with Case No. 25-cv-698, given the common questions of law and fact between both cases, as set forth in the 13 Joint Motion. The parties to this case may submit a Joint Status Report to the court within seven days of the court's decision on the preliminary injunction motions in Case No. 25-cv-698, setting forth whether there are any additional issues specific to Plaintiff Justice Climate Fund to address. All filings and papers related to the consolidated cases shall be filed in the lead case: 25-cv-698. Signed by Judge Tanya S. Chutkan on 4/15/2025. (lcer)

April 15, 2025

April 15, 2025

PACER

Cases Consolidated. This case has been consolidated with case 25-cv-00698-TSC pursuant to Order on Motion to Consolidate Cases. From this date forward, all pleadings shall be filed ONLY in the lead case, 25-cv-00698-TSC. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm)

April 15, 2025

April 15, 2025

PACER

MINUTE ORDER: DENYING as MOOT Plaintiffs' 7 Motion for Preliminary Injunction. See Preliminary Injunction Order and forthcoming Memorandum Opinion in lead case No. 25-cv-698 for details. Signed by Judge Tanya S. Chutkan on 4/16/2025. (lcer)

April 15, 2025

April 15, 2025

PACER

Order on Motion for Preliminary Injunction

April 16, 2025

April 16, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Environmental Justice

Presidential/Gubernatorial Authority

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 31, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Justice Climate Fund (JCF), a nonprofit created to apply for and deploy funding for clean energy and affordable housing projects in disadvantaged communities.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Environmental Protection Agency (EPA) (- United States (national) -), Federal

Citibank, N.A. (South Dakota), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Bank or credit provider

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Spending/Appropriations Clauses

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Government services

Housing

Housing assistance

Public assistance grants

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)