Case: Building Materials Re-Use Association v. United States Environmental Protection Agency

1:25-cv-02493 | U.S. District Court for the District of District of Columbia

Filed Date: July 31, 2025

Case Ongoing

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Case Summary

This case challenged the U.S. Environmental Protection Agency's (EPA) termination of the Reducing Embodied Greenhouse Gas (GHG) Emissions for Construction Materials and Products Program (the "Program"). The Building Materials Re-Use Association (BMRA), a nonprofit organization described as the primary national entity supporting the U.S. building materials reuse industry, had been selected as one of 38 recipients of federal grants under the Program, receiving an award totaling $6,703,990. BMRA a…

This case challenged the U.S. Environmental Protection Agency's (EPA) termination of the Reducing Embodied Greenhouse Gas (GHG) Emissions for Construction Materials and Products Program (the "Program"). The Building Materials Re-Use Association (BMRA), a nonprofit organization described as the primary national entity supporting the U.S. building materials reuse industry, had been selected as one of 38 recipients of federal grants under the Program, receiving an award totaling $6,703,990. BMRA alleged that the Program's abrupt termination caused it substantial harm, including the forced cessation of ongoing work, severe financial strain, loss of investment opportunities, and related operational disruptions.

On July 31, 2025, BMRA filed this lawsuit in the U.S. District Court for the District of Columbia against the EPA and its Administrator. The complaint alleged that Defendants' actions violated the Separation of Powers doctrine, the Presentment Clauses of the U.S. Constitution, and the Administrative Procedure Act (APA). Specifically, BMRA contended that the EPA's decision to terminate the Program was arbitrary and capricious under the APA and contrary to law.

Plaintiff sought a declaratory judgment and injunctive relief to reinstate the Program and its awarded grant, along with costs and attorneys' fees. The case was assigned to U.S. District Judge Amy Berman Jackson. 

The case is ongoing. 

Summary Authors

Emma Vayda (8/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70981023/parties/building-materials-re-use-association-v-united-states-environmental/


Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

Oberleiton, Timothy (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-02493

Complaint for Declaratory and Injunctive Relief

July 31, 2025

July 31, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70981023/building-materials-re-use-association-v-united-states-environmental/

Last updated Aug. 21, 2025, 11:49 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN ( Filing fee $ 405 receipt number ADCDC-11857484) filed by BUILDING MATERIALS RE-USE ASSOCIATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Civil Cover Sheet, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons)(Oberleiton, Timothy) (Attachment 14 replaced on 8/1/2025) (zmbs). (Entered: 07/31/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Civil Cover Sheet

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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July 31, 2025

July 31, 2025

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Meghan L. Riley, Filing fee $ 100, receipt number ADCDC-11857594. Fee Status: Fee Paid. by BUILDING MATERIALS RE-USE ASSOCIATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Oberleiton, Timothy) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

PACER
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUILDING MATERIALS RE-USE ASSOCIATION (Oberleiton, Timothy) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

PACER
4

SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmbs) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

PACER

Case Assigned/Reassigned

Aug. 1, 2025

Aug. 1, 2025

PACER

Case Assigned to Judge Amy Berman Jackson. (zmbs)

Aug. 1, 2025

Aug. 1, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 1, 2025

Aug. 1, 2025

PACER

MINUTE ORDER granting 2 Motion for Meghan L. Riley to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. 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 Amy Berman Jackson on 8/1/25. (DMK)

Aug. 1, 2025

Aug. 1, 2025

PACER
5

Notice of Appearance

Aug. 13, 2025

Aug. 13, 2025

PACER
6

Summons Returned Executed as to US Attorney

Aug. 13, 2025

Aug. 13, 2025

PACER
7

Summons Returned Executed as to U.S. Attorney General

Aug. 15, 2025

Aug. 15, 2025

PACER
8

Summons Returned Executed as to Federal Defendant

Aug. 15, 2025

Aug. 15, 2025

PACER

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 (Environmental Protections)

Trump Administration 2.0: Challenges to the Government (Grant/Contract rescissions, Defunding or Other Threats against Private Entities )

Key Dates

Filing Date: July 31, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit organization that is the primary national organization dedicated to supporting the U.S. building materials reuse industry.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Separation of Powers

Presentment Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding