Filed Date: July 31, 2025
Case Ongoing
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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. BMRA brought claims under the Separation of Powers doctrine, the Presentment Clauses of the U.S. Constitution, and the Administrative Procedure Act (APA). 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.
In the complaint, BMRA alleged that EPA’s termination of the grant program violated the Separation of Powers doctrine because the President does not have authority to withhold or cancel congressionally appropriated funds. The plaintiff further asserted that EPA’s termination effectively amended or repealed duly enacted statutory directives when the President's power is limited to "vetoing an entire bill … before the bill becomes law[,]'" in violation of the Presentment Clause. Finally, BMRA claimed that EPA’s decision to terminate the program was arbitrary and capricious under the APA, as the agency acted without reasoned analysis, failed to consider reliance interests, ignored alternatives, and relied on factors Congress did not authorize.
The case is ongoing.
Summary Authors
Emma Vayda (8/6/2025)
Dahlia Gottlieb (12/3/2025)
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/
Jackson, Amy Berman (District of Columbia)
Oberleiton, Timothy (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/70981023/building-materials-re-use-association-v-united-states-environmental/
Last updated Dec. 1, 2025, 1:05 a.m.
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
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:
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):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex Parte Young (Federal) or Bivens
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Other Dockets:
District of District of Columbia 1:25-cv-02493
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Environmental Justice and Resources:
Presidential/Gubernatorial Authority: