Case: The Sustainability Institute v. Trump

2:25-cv-02152 | U.S. District Court for the District of South Carolina

Filed Date: March 19, 2025

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Case Summary

This is a lawsuit brought by nonprofit organizations and municipalities against the Trump administration challenging the freezing of federal funding under the Inflation Reduction Act and the Infrastructure Investment and Jobs Act.  Beginning the day he took office for his second term, President Trump issued a series of executive orders–Unleashing American Energy, Ending Radical and Wasteful Government DEI Programs and Preferencing, Implementing the President’s “Department of Government Efficien…

This is a lawsuit brought by nonprofit organizations and municipalities against the Trump administration challenging the freezing of federal funding under the Inflation Reduction Act and the Infrastructure Investment and Jobs Act. 

Beginning the day he took office for his second term, President Trump issued a series of executive orders–Unleashing American Energy, Ending Radical and Wasteful Government DEI Programs and Preferencing, Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative–to freeze and terminate funds appropriated for grant programs by Congress under the Inflation Reduction Act (“IRA”) and Infrastructure Investment and Jobs Act (“IIJA”). Senior officials from federal agencies have enforced these executive orders, freezing obligated funding and, if funds are released, requiring agency staff to certify that the funding disbursements comply with the executive orders.

Plaintiffs–eleven nonprofit organizations and six municipalities that have been awarded federal grant funds, either as direct recipients or as sub-grantees, to carry out specific programs enacted by Congress under the IRA and IIJA–brought suit challenging these funding freezes on March 19, 2025, in the U.S. District Court for the District of South Carolina. The suit named as Defendants President Trump, the Office of Management and Budget (“OMB”), the Environmental Protection Agency (“EPA”), the Department of Agriculture (“USDA”), the Department of Transportation (“DOT”), and the Department of Governmental Efficiency Service (“DOGE”). The case was assigned to Judge Richard Mark Gergel.

In the complaint, the Plaintiffs alleged that the executive orders and grant program freezing actions violated the Administrative Procedure Act (“APA”) because they were arbitrary and capricious, not in accordance with law, in excess of statutory authority, and without observance of procedure; violated the separation of powers, the Presentment Clause, and First Amendment of the U.S. Constitution; violated the IRA AND IIJA; and were ultra vires. In relief, the plaintiffs sought declaratory and injunctive relief to set aside the allegedly unlawful executive orders and agency actions, and restore grant funding as appropriated by Congress. They also sought attorneys’ fees.

On March 26, 2025, the Plaintiffs filed an amended complaint adding the Department of Energy (“DOE”) as a defendant, and adding two more nonprofit plaintiffs. The same day, they also filed a motion for a preliminary injunction “restor[e] funding to key programs mandated by Congress to serve important public purposes,” and a motion to expedite limited discovery for the purpose of crafting appropriate preliminary injunction relief.

On March 31, the plaintiffs filed a notice of recent developments to inform the court that since the filing of their motion for a preliminary injunction, the EPA-Defendants sent notice to the Plaintiffs terminating four of the grants at issue in this lawsuit. They also reported that several Plaintiffs had been contacted by federal agencies to adjust their grant work plans to exclude specific terms, such as “Environmental and Climate Justice,” “predominantly Black neighborhood,” “gentrification,” and “greenhouse gas emissions.” With the recent developments, the Plaintiffs also proposed an expedited briefing and hearing schedule on the motion for preliminary injunction.

The Defendants responded in opposition to expedited deadlines on April 1, 2025. The court issued an order the same day denying the Plaintiff’s request to expedite deadlines.

On April 2, 2025, the Defendants filed a response in opposition to the Plaintiff’s request for expedited discovery. The court granted in part and denied in part the Plaintiff’s motion to expedite discovery on April 2, 2025. The court narrowed the discovery requests to one Request to Produce for each of the DOGE, EPA, USDA, DOT, and DOE Defendants.

The Defendants filed motions to reconsider and stay the ruling on expedited discovery on April 7 and 8, 2025, arguing that the Supreme Court’s recent decision in Department of Education v. California suggested that the district court did not have subject matter jurisdiction over the Plaintiffs’ claims. On April 9, the court granted in part and denied in part the Defendants’ motion for reconsideration, and denied the motion to stay. The court found that the Supreme Court’s decision in California did not rise to “a change in applicable law or clear error causing manifest injustice that requires the Court to reconsider its Expedited Discover Order.” However, the court did grant-in-part Defendants’ motion to reconsider regarding the production requirement directed at DOGE because the “legal status of DOGE has been something of an enigma, and the clarification by Defendants that it is part of the President’s Office seems reasonable.” 

The court held a hearing on the motion for a preliminary injunction on April 23, 2025, and again on May 19, 2025. The court issued an order on May 20 granting relief as to 32 of 38 of the challenged grants on APA and nonstatutory grounds. 784 F.Supp.3d 861. On APA grounds, the court issued a permanent injunction “[s]et[ting] aside the freeze and/or termination” of Plaintiffs’ grants and directing the Government to “restore Plaintiffs[’] access to grant funds immediately”; on nonstatutory grounds, the court issued a preliminary injunction, enjoining the Government “from freezing and/or terminating” Plaintiffs’ grants and again “direct[ing] that Plaintiffs[’] access to funding for these grants be immediately restored.” The court denied preliminary relief as to the remaining 6 grants because the “explanation provided by USDA officials for the termination of the six grants was not based on an undifferentiated attack on the purposes set forth in congressional legislation but on an effort to reduce administrative costs so that producers receive a greater share of the benefits of the federal funds,” and the Plaintiffs were “invited to submit applications under the revised grant program.”

The next day, the Defendants appealed the preliminary injunction order to the Fourth Circuit. On May 22, 2025, the Defendants filed an emergency motion for a stay pending appeal and an immediate administrative stay. In the district court, the Defendants also filed a motion to dismiss for failure to state a claim and lack of subject matter jurisdiction on May 27, 2025.

The Fourth Circuit granted the motion for a stay pending appeal on June 5, 2025, and denied as moot the administrative stay. 2025 WL 1587100. The Fourth Circuit found the case to be similar to Department of Education v. California, and believed that the Defendants were likely to prevail on their argument that the district court lacked subject matter jurisdiction over the Plaintiffs' claims that the “Tucker Act, 28 U.S.C. § 1491, requires Plaintiffs to pursue their claims in the Court of Federal Claims and thereby precludes district court jurisdiction.”

The district court also issued an order staying the case pending the appeal in the Fourth Circuit on August 29, 2025.

Despite the stay, the Plaintiffs filed a motion for a limited injunction pending appeal on September 24, 2025. They asked the court for an injunction prohibiting the EPA “ from conditioning reimbursement for properly incurred pre-termination expenses on Environmental and Climate Justice Block grants upon Plaintiffs closing out their EPA-administered grants involved in this litigation and thereby potentially mooting their claims.”

After briefing and oral argument held, the Fourth Circuit issued an opinion on January 21, 2026, concluding that the district court had abused its discretion in issuing both injunctions; they vacated the district court’s order and remanded the matter. 2026 WL 157120. The Fourth Circuit found that the Plaintiffs’ APA claims for injunctive relief were “founded . . . upon any express or implied contract with the United States,” and so the Tucker Act mandated that the district court did not have jurisdiction over the claims. Similarly, the Plaintiffs claims for nonstatutory review failed because they merely attempted to style statutory claims as constitutional.

The matter returned to the district court from the appeal. The court issued an order on February 4, 2026, directing the Plaintiffs to advise the court within 30 days of whether they seek to litigate on remand the issues, and if so, to set forth in a memorandum the legal and factual basis upon which such claims are based. Further, given the Fourth Circuit’s decision, the district court denied as moot all of the unresolved motions on February 6.

This case is ongoing.

Summary Authors

Madena Mustafa (2/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69762768/parties/the-sustainability-institute-v-trump/


Judge(s)
Attorney for Plaintiff

Ankcorn, Mark Daniel

Attorney for Defendant

Attorney, Bryan P.

Berlinsky, Lee Ellis (South Carolina)

Expert/Monitor/Master/Other

Barrett, Kathleen

Becker-Cohen, Miriam

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Documents in the Clearinghouse

Document
1

2:25-cv-02152

Complaint for Declaratory and Injunctive Relief

March 19, 2025

March 19, 2025

Complaint
23

2:25-cv-02152

First Amended Complaint for Declaratory and Injunctive Relief

March 26, 2025

March 26, 2025

Complaint
45

2:25-cv-02152

Order

April 7, 2025

April 7, 2025

Order/Opinion
157

2:25-cv-02152

Order

May 20, 2025

May 20, 2025

Order/Opinion

784 F.Supp.3d 861

38

25-01575

Order

U.S. Court of Appeals for the Fourth Circuit

June 5, 2025

June 5, 2025

Order/Opinion

2025 WL 1587100

181

2:25-cv-02152

Opinion

U.S. Court of Appeals for the Fourth Circuit

Jan. 21, 2026

Jan. 21, 2026

Order/Opinion

2026 WL 157120

93

25-01575

Order

U.S. Court of Appeals for the Fourth Circuit

Jan. 21, 2026

Jan. 21, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69762768/the-sustainability-institute-v-trump/

Last updated April 20, 2026, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Lee Zeldin ( Filing fee $ 405 receipt number ASCDC-12337427.), filed by CleanAIRE NC, Rural Advancement Foundation International-USA, Alliance for the Shenandoah Valley, Nashville, Tennessee, Marbleseed, The Sustainability Institute, Baltimore, Maryland, Conservation Innovation Fund, Madison, Wisconsin, New Haven, Connecticut, San Diego, California, Agrarian Trust, Bronx River Alliance, Leadership Counsel for Justice and Accountability, Columbus, Ohio, Pennsylvania Association for Sustainable Agriculture, Alliance for Agriculture. Service due by 6/17/2025 (Attachments: # 1 Exhibit A- First OMB Memo, # 2 Exhibit B- Second OMB Memo, # 3 Exhibit C- USDA Directive, # 4 Exhibit D- EPA Memo, # 5 Exhibit E- EPA Executive Order Compliance Review Requirement, # 6 Exhibit F- DOT Memo, # 7 Exhibit G- EPA Notice of DOGE Approval Requirement, # 8 Exhibit H- EPA Flowchart for Equity-Related Grants, # 9 Exhibit I- EPA Compliance Form)(rhei, ) (Entered: 03/20/2025)

1 Exhibit A- First OMB Memo

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2 Exhibit B- Second OMB Memo

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3 Exhibit C- USDA Directive

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4 Exhibit D- EPA Memo

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5 Exhibit E- EPA Executive Order Compliance Review Requirement

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6 Exhibit F- DOT Memo

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7 Exhibit G- EPA Notice of DOGE Approval Requirement

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8 Exhibit H- EPA Flowchart for Equity-Related Grants

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9 Exhibit I- EPA Compliance Form

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March 19, 2025

March 19, 2025

Clearinghouse
3

Local Rule 26.01 Answers to Interrogatories by The Sustainability Institute.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

4

Local Rule 26.01 Answers to Interrogatories by Agrarian Trust.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

5

Local Rule 26.01 Answers to Interrogatories by Alliance for Agriculture.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

6

Local Rule 26.01 Answers to Interrogatories by Alliance for the Shenandoah Valley.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

7

Local Rule 26.01 Answers to Interrogatories by Bronx River Alliance.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

8

Local Rule 26.01 Answers to Interrogatories by CleanAIRE NC.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

9

Local Rule 26.01 Answers to Interrogatories by Conservation Innovation Fund.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

10

Local Rule 26.01 Answers to Interrogatories by Leadership Counsel for Justice and Accountability.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

11

Local Rule 26.01 Answers to Interrogatories by Marbleseed.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

12

Local Rule 26.01 Answers to Interrogatories by Pennsylvania Association for Sustainable Agriculture.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

13

Local Rule 26.01 Answers to Interrogatories by Rural Advancement Foundation International-USA.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

14

Local Rule 26.01 Answers to Interrogatories by Baltimore, Maryland.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

15

Local Rule 26.01 Answers to Interrogatories by Columbus, Ohio.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

16

Local Rule 26.01 Answers to Interrogatories by Madison, Wisconsin.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

17

Local Rule 26.01 Answers to Interrogatories by Nashville, Tennessee.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

18

Local Rule 26.01 Answers to Interrogatories by New Haven, Connecticut.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

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19

Local Rule 26.01 Answers to Interrogatories by San Diego, California.(rhei, ) (Entered: 03/20/2025)

March 19, 2025

March 19, 2025

20

Summons Issued as to Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Lee Zeldin. U.S. Attorney and U.S. Attorney General. (rhei, ) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

21

NOTICE of Appearance by Lee Ellis Berlinsky on behalf of Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Lee Zeldin (Berlinsky, Lee) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

22

NOTICE of Appearance by Todd Stuart Timmons on behalf of Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Lee Zeldin (Timmons, Todd) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

23

AMENDED COMPLAINT against All Defendants, filed by CleanAIRE NC, Rural Advancement Foundation International-USA, Alliance for the Shenandoah Valley, Nashville, Tennessee, Marbleseed, The Sustainability Institute, Baltimore, Maryland, Conservation Innovation Fund, Madison, Wisconsin, New Haven, Connecticut, San Diego, California, Agrarian Trust, Bronx River Alliance, Leadership Counsel for Justice and Accountability, Columbus, Ohio, Pennsylvania Association for Sustainable Agriculture, Alliance for Agriculture, Earth Island Institute, Organic Association of Kentucky. Service due by 6/24/2025 (Attachments: # 1 Summons - U.S. Department of Energy, # 2 Summons - Chris Wright, U.S. Dept. of Energy, # 3 LR 26.01 Answers - Organic Association of Kentucky, # 4 LR 26.01 Answers - Earth Island Institute, # 5 Exhibit A - First OMB Memo, # 6 Exhibit B - Second OMB Memo, # 7 Exhibit C - USDA Directive, # 8 Exhibit D - EPA Memo, # 9 Exhibit E - EPA Executive Order Compliance Review Requirement, # 10 Exhibit F - DOT Memo, # 11 Exhibit G - EPA Notice of DOGE Approval Requirement, # 12 Exhibit H - DOT Secretary's Directive, # 13 Exhibit I - DOE Memo, # 14 Exhibit J - EPA Flowchart for Equity-Related Grants) (Brzorad, Carl) Modified to add new plaintiff parties as filers, as listed on document, per attorney filing user on 3/27/2025 (sshe, ). (Entered: 03/26/2025)

1 Summons - U.S. Department of Energy

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2 Summons - Chris Wright, U.S. Dept. of Energy

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3 LR 26.01 Answers - Organic Association of Kentucky

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4 LR 26.01 Answers - Earth Island Institute

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5 Exhibit A - First OMB Memo

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6 Exhibit B - Second OMB Memo

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7 Exhibit C - USDA Directive

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8 Exhibit D - EPA Memo

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9 Exhibit E - EPA Executive Order Compliance Review Requirement

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10 Exhibit F - DOT Memo

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11 Exhibit G - EPA Notice of DOGE Approval Requirement

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12 Exhibit H - DOT Secretary's Directive

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13 Exhibit I - DOE Memo

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14 Exhibit J - EPA Flowchart for Equity-Related Grants

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March 26, 2025

March 26, 2025

Clearinghouse
24

MOTION for Preliminary Injunction by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. Response to Motion due by 4/9/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Sustainability Institute Declaration, # 3 Exhibit 2 - Agrarian Trust Declaration, # 4 Exhibit 3 - Alliance for Agriculture Declaration, # 5 Exhibit 4 - Alliance for the Shenandoah Valley Declaration, # 6 Exhibit 5 - Bronx River Alliance Declaration, # 7 Exhibit 6 - CleanAIRE NC Declaration, # 8 Exhibit 7 - Conservation Innovation Fund Declaration, # 9 Exhibit 8 - Earth Island Institute Declaration, # 10 Exhibit 9 - Leadership Counsel for Justice and Accountability Declaration, # 11 Exhibit 10 - Marbleseed Declaration, # 12 Exhibit 11 - Organic Association of Kentucky Declaration, # 13 Exhibit 12 - Pasa Declaration, # 14 Exhibit 13 - RAFI-USA Declaration, # 15 Exhibit 14 - City of Baltimore Declaration, # 16 Exhibit 15 - City of Columbus Declaration, # 17 Exhibit 16 - City of Madison Declaration, # 18 Exhibit 17 - City of Nashville Declaration, # 19 Exhibit 18 - City of New Haven Declaration, # 20 Exhibit 19 - City of San Diego (Charvel) Declaration, # 21 Exhibit 20 - City of San Diego (Widener) Declaration, # 22 Exhibit 21 - List of Plaintiffs' Grants and Statutory Authorities)No proposed order.(Brzorad, Carl) (Attachment 1 replaced on 3/27/2025) (sshe, ). Modified on 3/27/2025 to replace with corrected document as requested and provided by filing user(sshe, ). (Entered: 03/26/2025)

1 Memo in Support

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2 Exhibit 1 - Sustainability Institute Declaration

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3 Exhibit 2 - Agrarian Trust Declaration

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4 Exhibit 3 - Alliance for Agriculture Declaration

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5 Exhibit 4 - Alliance for the Shenandoah Valley Declaration

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6 Exhibit 5 - Bronx River Alliance Declaration

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7 Exhibit 6 - CleanAIRE NC Declaration

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8 Exhibit 7 - Conservation Innovation Fund Declaration

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9 Exhibit 8 - Earth Island Institute Declaration

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10 Exhibit 9 - Leadership Counsel for Justice and Accountability Declaration

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11 Exhibit 10 - Marbleseed Declaration

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12 Exhibit 11 - Organic Association of Kentucky Declaration

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13 Exhibit 12 - Pasa Declaration

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14 Exhibit 13 - RAFI-USA Declaration

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15 Exhibit 14 - City of Baltimore Declaration

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16 Exhibit 15 - City of Columbus Declaration

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17 Exhibit 16 - City of Madison Declaration

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18 Exhibit 17 - City of Nashville Declaration

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19 Exhibit 18 - City of New Haven Declaration

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20 Exhibit 19 - City of San Diego (Charvel) Declaration

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21 Exhibit 20 - City of San Diego (Widener) Declaration

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22 Exhibit 21 - List of Plaintiffs' Grants and Statutory Authorities

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March 26, 2025

March 26, 2025

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25

MOTION to Expedite Discovery and Memorandum in Support by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. Response to Motion due by 4/9/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Plaintiffs' First Set of Written Discovery Requests)No proposed order.(Brzorad, Carl) (Entered: 03/26/2025)

1 Exhibit A - Plaintiffs' First Set of Written Discovery Requests

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March 26, 2025

March 26, 2025

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26

MOTION to Appear Pro Hac Vice by Irena Como ( Filing fee $ 350 receipt number ASCDC-12354497) by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Bronx River Alliance, CleanAIRE NC, Conservation Innovation Fund, Leadership Counsel for Justice and Accountability, Marbleseed, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, The Sustainability Institute, Earth Island Institute, Organic Association of Kentucky. Response to Motion due by 4/10/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certficiate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) Modified on 3/28/2025 to add new plaintiff parties as filers(sshe, ). (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

28

MOTION to Appear Pro Hac Vice by Kimberley Hunter ( Filing fee $ 350 receipt number ASCDC-12354912) by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Bronx River Alliance, CleanAIRE NC, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Marbleseed, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, The Sustainability Institute. Response to Motion due by 4/10/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) (Entered: 03/27/2025)

1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission

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2 Exhibit 2 - Certificate of Good Standing

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3 Proposed Order

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March 27, 2025

March 27, 2025

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MOTION to Appear Pro Hac Vice by Nicholas Torrey ( Filing fee $ 350 receipt number ASCDC-12354932) by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Bronx River Alliance, CleanAIRE NC, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Marbleseed, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, The Sustainability Institute. Response to Motion due by 4/10/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

30

Summons Issued as to United States Department of Energy, Chris Wright. U.S. Attorney and U.S. Attorney General. (sshe, ) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

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31

TEXT ORDER: Plaintiffs have moved to expedite a limited amount of discovery related to their motion for preliminary injunction. (Dkt. No. 25). The Court has shortened the time for the Defendants to respond to this motion to 4/2/25. AND IT IS SO ORDERED. Entered at the direction of Honorable Richard M Gergel on 3/28/25. (cper, ) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

Order

March 28, 2025

March 28, 2025

32

ORDER: To allow this Court to fully and properly review the actions under challenge in this litigation, Defendants are directed to address, in their response to Plaintiffs' motion for a preliminary injunction, all legal and factual bases upon which the Defendants relied upon, could have relied upon, or might in the future might rely upon to freeze the grant funds at issue in this litigation. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/31/2025. (ltap, ) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

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33

NOTICE of Hearing on 24 MOTION for Preliminary Injunction : Motion Hearing set for 4/23/2025 at 10:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, ) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

34

TEXT ORDER granting 26 Motion of Irena Como; 28 Motion of Kimberley Hunter; 29 Motion of Nicholas Torrey, to Appear Pro Hac Vice for Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Bronx River Alliance, CleanAIRE NC, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Marbleseed, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, The Sustainability Institute. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/31/2025.(sshe, ) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

35

SUPPLEMENT NOTICE OF RECENT DEVELOPMENTS re 24 MOTION for Preliminary Injunction Notice of Recent Developments by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. (Attachments: # 1 Exhibit A Agreement 5B-03D03424-0, ECF No. 24-7 at 35, # 2 Exhibit B Agreement 5B-03D03424-0, ECF No. 24-7 at 35, # 3 Exhibit C Agreement 5B-03D03424-0, ECF No. 24-7 at 35, # 4 Exhibit D Agreement 5B-03D03424-0, ECF No. 24-7 at 35, # 5 Exhibit E at 4-21 (EPA-proposed deletions highlighted))No proposed order.(Brzorad, Carl) Modified on 4/1/2025 to edit docket text for event type description, not a motion, motion terminated, No response due, as requested and provided by filing user; to add descriptions (not entered at the time of filing) to exhibits per ECF Standard Preferences(sshe, ). (Entered: 03/31/2025)

1 Exhibit A Agreement 5B-03D03424-0, ECF No. 24-7 at 35

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2 Exhibit B Agreement 5B-03D03424-0, ECF No. 24-7 at 35

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3 Exhibit C Agreement 5B-03D03424-0, ECF No. 24-7 at 35

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4 Exhibit D Agreement 5B-03D03424-0, ECF No. 24-7 at 35

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5 Exhibit E at 4-21 (EPA-proposed deletions highlighted)

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March 31, 2025

March 31, 2025

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Notice of Hearing on Motion

March 31, 2025

March 31, 2025

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

March 31, 2025

March 31, 2025

37

RESPONSE in Opposition re 35 MOTION for Hearing re 24 MOTION for Preliminary Injunction Notice of Recent Developments Response filed by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin.Reply to Response to Motion due by 4/8/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Timmons, Todd) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

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38

TEXT ORDER: Plaintiffs have moved to expedite the hearing on the motion for preliminary injunction, which is presently scheduled for 4/23/25. (Dkt. No. 35). Defendants oppose the motion. (Dkt. No. 37). The Court denies the motion to expedite the hearing. The Court will benefit from the full briefing of these matters by the parties before conducting oral argument. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/1/2025. (ltap, ) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

Order

April 1, 2025

April 1, 2025

39

RESPONSE in Opposition re 25 MOTION to Expedite Discovery and Memorandum in Support Response filed by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin.Reply to Response to Motion due by 4/9/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Timmons, Todd) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

RECAP
40

MOTION for Leave to File Brief of Amici Curiae by ActiveSGV, Environmental Protection Network, Heru Urban Farming and Garden, Kalamazoo Climate Crisis Coalition, Landforce, MetroHealth System. Response to Motion due by 4/17/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit 1-A Declaration of Michelle Roos, # 3 Exhibit 1-B Declaration of Ashwini Sehgal, # 4 Exhibit 1-C Declaration of Jenny Doezema, # 5 Exhibit 1-D Declaration of Ilyssa Manspeizer, # 6 Exhibit 1-E Declaration of Wesley Reutimann, # 7 Exhibit 1-F Declaration of Tyrean Lewis)No proposed order.(McDaniel, Kathleen) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

RECAP
41

MOTION to Appear Pro Hac Vice by Jillian Blanchard ( Filing fee $ 350 receipt number ASCDC-12368279) by ActiveSGV, Environmental Protection Network, Heru Urban Farming and Garden, Kalamazoo Climate Crisis Coalition, Landforce, MetroHealth System. Response to Motion due by 4/17/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Application of Jillian Blanchard for PHV Admission, # 2 Exhibit Certificate of Good Standing (Pending), # 3 Exhibit Address/Email Form)No proposed order.(McDaniel, Kathleen) Modified on 4/9/2025 to reference 53 Additional attachment, certificate of good standing, filed 4/9/2025(sshe, ). (Attachment 1 replaced on 4/18/2025) (sshe, ). Modified to replace with corrected application document provided by filing user on 4/18/2025 (sshe, ). (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

42

MOTION to Appear Pro Hac Vice by Khadijah Silver ( Filing fee $ 350 receipt number ASCDC-12368309) by ActiveSGV, Environmental Protection Network, Heru Urban Farming and Garden, Kalamazoo Climate Crisis Coalition, Landforce, MetroHealth System. Response to Motion due by 4/17/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Application for PHV Admission, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Address/Email Form)No proposed order.(McDaniel, Kathleen) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

43

MOTION to Appear Pro Hac Vice by Larissa Koehler ( Filing fee $ 350 receipt number ASCDC-12368324) by ActiveSGV, Environmental Protection Network, Heru Urban Farming and Garden, Kalamazoo Climate Crisis Coalition, Landforce, MetroHealth System. Response to Motion due by 4/17/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Application for PHV Admission, # 2 Exhibit Certificate of Good Standing (Pending), # 3 Exhibit Address/Email Form)No proposed order.(McDaniel, Kathleen) Modified on 4/9/2025 to reference 54 Additional Attachment, certificate of good standing, filed 4/9/2025 (sshe, ). (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

44

REPLY to Response to Motion re 25 MOTION to Expedite Discovery and Memorandum in Support Response filed by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. (Attachments: # 1 Exhibit EPA Email, # 2 Exhibit Unpublished Opinion)(Brzorad, Carl) (Entered: 04/03/2025)

1 Exhibit EPA Email

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2 Exhibit Unpublished Opinion

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April 3, 2025

April 3, 2025

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45

ORDER granting in part and denying in part 25 Motion to Expedite. The Court hereby narrows the discovery requests of Plaintiffs to one Request to Produce for the following five Defendants: United States Department of Governmental Efficiency Service ("DOGE"), United States Environmental Protection Agency, United States Department of Agriculture, United States Department of Transportation, and United States Department of Energy. The responses to the following narrowed Requests to Produce are due on or before April 17, 2025 at 5:00 p.m. and shall be filed on the ECF. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/7/2025.(ltap, ) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

Clearinghouse
46

MOTION for Reconsideration re 45 Order on Motion to Expedite,, by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin. Response to Motion due by 4/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Supreme Court decision in Department of Education v. California, No. 24A910 (Apr. 4, 2025))No proposed order.(Berlinsky, Lee) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP
47

RESPONSE in Opposition re 46 MOTION for Reconsideration re 45 Order on Motion to Expedite,, Response filed by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute.Reply to Response to Motion due by 4/15/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Brzorad, Carl) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

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48

Emergency MOTION to Stay re 45 Order on Motion to Expedite,, by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin. Response to Motion due by 4/22/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Timmons, Todd) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

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49

MOTION to Appear Pro Hac Vice by Jonathan B. Miller ( Filing fee $ 350 receipt number ASCDC-12376950) by Baltimore, Maryland, Columbus, Ohio, Madison, Wisconsin, Nashville, Tennessee, New Haven, Connecticut. Response to Motion due by 4/22/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

50

MOTION to Appear Pro Hac Vice by Graham Provost ( Filing fee $ 350 receipt number ASCDC-12376966) by Baltimore, Maryland, Columbus, Ohio, Madison, Wisconsin, Nashville, Tennessee, New Haven, Connecticut. Response to Motion due by 4/22/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

51

REPLY to Response to Motion re 46 MOTION for Reconsideration re 45 Order on Motion to Expedite,, Response filed by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin. (Timmons, Todd) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

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52

ORDER: The Court GRANTS-IN-PART AND DENIES-IN-PART Defendants motion to reconsider (Dkt. No. 46) and DENIES Defendants motion to stay (Dkt. No. 48). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/9/2025.(ltap, ) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

RECAP
53

Additional Attachments to Main Document 41 MOTION to Appear Pro Hac Vice by Jillian Blanchard ( Filing fee $ 350 receipt number ASCDC-12368279). First attachment description: Certificate of Good Standing for Jillian Blanchard . (McDaniel, Kathleen) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

RECAP
54

Additional Attachments to Main Document 43 MOTION to Appear Pro Hac Vice by Larissa Koehler ( Filing fee $ 350 receipt number ASCDC-12368324). First attachment description: Certificate of Good Standing for Larissa Koehler . (McDaniel, Kathleen) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

55

MOTION for Leave to File Excess Pages to Respond to the Motion for Preliminary Injunction by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin. Response to Motion due by 4/23/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Timmons, Todd) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

56

RESPONSE in Opposition re 24 MOTION for Preliminary Injunction Response filed by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin.Reply to Response to Motion due by 4/16/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Timmons, Todd) (Main Document 56 replaced with corrected signature on 4/11/2025) (hcor, ). (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

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57

TEXT ORDER granting 55 Motion for Leave to File Excess Pages. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/10/25.(ltap, ) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

58

MOTION to Appear Pro Hac Vice by Benjamin Grillot ( Filing fee $ 350 receipt number ASCDC-12381467) by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Bronx River Alliance, CleanAIRE NC, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Marbleseed, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, The Sustainability Institute. Response to Motion due by 4/24/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

59

MOTION Clarification of March 31, 2025 Order re 32 Order,, by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. Response to Motion due by 4/24/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brzorad, Carl) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

RECAP

Order on Motion for Leave to File Excess Pages

April 10, 2025

April 10, 2025

60

RESPONSE in Opposition re 59 MOTION Clarification of March 31, 2025 Order re 32 Order,, Response filed by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin.Reply to Response to Motion due by 4/18/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Timmons, Todd) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

RECAP
61

MOTION to Appear Pro Hac Vice by Elaine Poon ( Filing fee $ 350 receipt number ASCDC-12385202) by Baltimore, Maryland, Columbus, Ohio, Madison, Wisconsin, Nashville, Tennessee, New Haven, Connecticut. Response to Motion due by 4/25/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brzorad, Carl) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

62

Consent MOTION for Leave to File Excess Pages in Reply in Support of Motion for Preliminary Injunction by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. Response to Motion due by 4/28/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brzorad, Carl) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

63

TEXT ORDER granting 62 Motion for Leave to File Excess Pages for reply in support of their motion for preliminary injunction. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/14/2025.(ltap, ) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

Order on Motion for Leave to File Excess Pages

April 14, 2025

April 14, 2025

64

REPLY to Response to Motion re 24 MOTION for Preliminary Injunction Response filed by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute. (Attachments: # 1 Exhibit 1 - U.S. Brief in Federal Circuit, # 2 Exhibit 2 - Chart Summarizing Pltfs Injuries, # 3 Exhibit 3 - Pasa Supplemental Declaration)(Brzorad, Carl) (Entered: 04/16/2025)

1 Exhibit 1 - U.S. Brief in Federal Circuit

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2 Exhibit 2 - Chart Summarizing Pltfs Injuries

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3 Exhibit 3 - Pasa Supplemental Declaration

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April 16, 2025

April 16, 2025

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65

REPLY by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin to 45 Order on Motion to Expedite,, . (Attachments: # 1 Certification, # 2 DOE_000001 - DOE_000095)(Berlinsky, Lee) (Entered: 04/17/2025)

1 Certification

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2 DOE_000001 - DOE_000095

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April 17, 2025

April 17, 2025

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66

REPLY by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin to 45 Order on Motion to Expedite,, . (Attachments: # 1 Certification, # 2 DOT-000001 - DOT-000104)(Berlinsky, Lee) (Entered: 04/17/2025)

1 Certification

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2 DOT-000001 - DOT-000104

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April 17, 2025

April 17, 2025

67

REPLY by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin to 45 Order on Motion to Expedite,, . (Attachments: # 1 Cetification, # 2 USDA000102 - USDA000324)(Berlinsky, Lee) (Entered: 04/17/2025)

1 Cetification

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2 USDA000102 - USDA000324

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April 17, 2025

April 17, 2025

68

MOTION for Protective Order by Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin. Response to Motion due by 5/1/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A, DOT Privilege Log, # 2 Exhibit B, USDA Privilege Log, # 3 Exhibit C, EPA Privilege Log)No proposed order.(Berlinsky, Lee) Modified on 4/18/2025 to reference 70 Additional Attachment, Affidavit of Records (EPA); 76 Additional Attachment, DOT Supplemental Privilege Log, filed 4/18/2025 (sshe, ).(sshe, ). Modified on 4/22/2025 to reference 106 Supplement filed 4/21/25 (sshe, ). (Entered: 04/17/2025)

1 Exhibit A, DOT Privilege Log

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2 Exhibit B, USDA Privilege Log

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3 Exhibit C, EPA Privilege Log

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April 17, 2025

April 17, 2025

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69

MOTION for Extension of Time of Deadline in the Court's Order [ECF 45] by United States Environmental Protection Agency. Response to Motion due by 5/1/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Berlinsky, Lee) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

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70

Additional Attachments to Main Document 68 MOTION for Protective Order . First attachment description: Affidavit of Records (EPA) . (Berlinsky, Lee) Modified on 4/22/2025 to reference 105 Supplement filed 4/21/25 (sshe, ). (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

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71

RESPONSE in Opposition re 68 MOTION for Protective Order Response filed by Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Baltimore, Maryland, Bronx River Alliance, CleanAIRE NC, Columbus, Ohio, Conservation Innovation Fund, Leadership Counsel for Justice and Accountability, Madison, Wisconsin, Marbleseed, Nashville, Tennessee, New Haven, Connecticut, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, San Diego, California, The Sustainability Institute.Reply to Response to Motion due by 4/24/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Brzorad, Carl) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

72

NON-STANDARD ITEM RECEIVED: flash drive from Sean Duffy, Amy Gleason, Kevin Hassett, Elon Musk, Brooke Rollins, Donald J Trump, United States Department of Agriculture, United States Department of Energy, United States Department of Governmental Efficiency Service, United States Department of Transportation, United States Environmental Protection Agency, United States Office of Management and Budget, Russell Vought, Chris Wright, Lee Zeldin re: 68 MOTION for Protective Order . Received 4/17/2025 PM; hand delivered to chambers 4/18/2025 AM. (sshe, ) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

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73

TEXT ORDER: For good cause shown, Defendant Environmental Protection Agency's motion for a 24-hour extension to comply with the Court's order of April 7, 2025 (Dkt. No. 69) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/18/2025.(ltap, ) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

74

TEXT ORDER GRANTING 42 Motion for Khadijah Silver to Appear Pro Hac Vice for ActiveSGV, Environmental Protection Network, Heru Urban Farming and Garden, Kalamazoo Climate Crisis Coalition, Landforce, MetroHealth System; 43 Motion for Larissa Koehler to Appear Pro Hac Vice for ActiveSGV, Environmental Protection Network, Heru Urban Farming and Garden, Kalamazoo Climate Crisis Coalition, Landforce, MetroHealth System; 49 Motion for Jonathan B. Miller to Appear Pro Hac Vice for Baltimore, Maryland, Columbus, Ohio, Madison, Wisconsin, Nashville, Tennessee, New Haven, Connecticut; 50 Motion for Graham Provost to Appear Pro Hac Vice for Baltimore, Maryland, Columbus, Ohio, Madison, Wisconsin, Nashville, Tennessee, New Haven, Connecticut; 58 Motion for Benjamin Grillot to Appear Pro Hac Vice for Agrarian Trust, Alliance for Agriculture, Alliance for the Shenandoah Valley, Bronx River Alliance, CleanAIRE NC, Conservation Innovation Fund, Earth Island Institute, Leadership Counsel for Justice and Accountability, Marbleseed, Organic Association of Kentucky, Pennsylvania Association for Sustainable Agriculture, Rural Advancement Foundation International-USA, The Sustainability Institute; 61 Motion for Elaine Poon to Appear Pro Hac Vice for Baltimore, Maryland, Columbus, Ohio, Madison, Wisconsin, Nashville, Tennessee, New Haven, Connecticut. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/18/2025.(sshe, ) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

75

REPLY by United States Department of Transportation to 45 Order on Motion to Expedite,, (Supplemental documents). (Attachments: # 1 1, Certification, # 2 2, DOT-000965-DOT-001253)(Berlinsky, Lee) (Entered: 04/18/2025)

1 1, Certification

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2 2, DOT-000965-DOT-001253

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April 18, 2025

April 18, 2025

76

Additional Attachments to Main Document 68 MOTION for Protective Order . First attachment description: DOT Supplemental Privilege Log . (Berlinsky, Lee) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

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77

ORDER: Defendants' motion for a 30-day extension to provide further support for privileges and protections asserted in the privilege logs is denied. Such a delay would potentially disrupt the Court's timely consideration of jurisdictional issues and the pending motion for a preliminary injunction. (Dkt. No. 24). The Court does find merit in Plaintiffs' offered compromise to allow Defendants to supplement their privilege logs through April 21, 2025 at 5:00 p.m., and extends the time to supplement the privilege logs through that date and time. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/18/2025.(ltap, ) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

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78

NON-STANDARD ITEM RECEIVED: flash drive from United States Department of Transportation re: 45 Order on Motion to Expedite. Hand delivered and Received by chambers 4/18/2025. (sshe, ) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

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79

REPLY by United States Environmental Protection Agency to 45 Order on Motion to Expedite,, . (Attachments: # 1 Certification, # 2 EPA_00000735-EPA_00057420_Part1, # 3 EPA_00000735-EPA_00057420_Part2, # 4 EPA_00000735-EPA_00057420_Part3, # 5 EPA_00000735-EPA_00057420_Part4, # 6 EPA_00000735-EPA_00057420_Part5, # 7 EPA_00000735-EPA_00057420_Part6, # 8 EPA_00000735-EPA_00057420_Part7)(Berlinsky, Lee) Modified on 4/21/2025 to reference Additional Attachments 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91 filed 4/18/2025 (sshe, ). Modified on 4/22/2025 to reference 95 - 103, 106 - 110, 111 ref 97, 112 - 132 (sshe, ). (Entered: 04/18/2025)

1 Certification

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2 EPA_00000735-EPA_00057420_Part1

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3 EPA_00000735-EPA_00057420_Part2

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4 EPA_00000735-EPA_00057420_Part3

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5 EPA_00000735-EPA_00057420_Part4

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6 EPA_00000735-EPA_00057420_Part5

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7 EPA_00000735-EPA_00057420_Part6

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8 EPA_00000735-EPA_00057420_Part7

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April 18, 2025

April 18, 2025

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80

Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00000735-EPA_00057420_Part8 . (Attachments: # 1 EPA_00000735-EPA_00057420_Part9, # 2 EPA_00000735-EPA_00057420_Part10, # 3 EPA_00000735-EPA_00057420_Part11, # 4 EPA_00000735-EPA_00057420_Part12, # 5 EPA_00000735-EPA_00057420_Part13, # 6 EPA_00000735-EPA_00057420_Part14)(Berlinsky, Lee) (Entered: 04/18/2025)

1 EPA_00000735-EPA_00057420_Part9

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2 EPA_00000735-EPA_00057420_Part10

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3 EPA_00000735-EPA_00057420_Part11

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4 EPA_00000735-EPA_00057420_Part12

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5 EPA_00000735-EPA_00057420_Part13

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6 EPA_00000735-EPA_00057420_Part14

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April 18, 2025

April 18, 2025

81

Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00000735-EPA_00057420_Part15 . (Attachments: # 1 EPA_00000735-EPA_00057420_Part16, # 2 EPA_00000735-EPA_00057420_Part17, # 3 EPA_00000735-EPA_00057420_Part18, # 4 EPA_00000735-EPA_00057420_Part19, # 5 EPA_00000735-EPA_00057420_Part20, # 6 EPA_00000735-EPA_00057420_Part21, # 7 EPA_00000735-EPA_00057420_Part22, # 8 EPA_00000735-EPA_00057420_Part23)(Berlinsky, Lee) (Entered: 04/18/2025)

1 EPA_00000735-EPA_00057420_Part16

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2 EPA_00000735-EPA_00057420_Part17

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3 EPA_00000735-EPA_00057420_Part18

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4 EPA_00000735-EPA_00057420_Part19

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5 EPA_00000735-EPA_00057420_Part20

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6 EPA_00000735-EPA_00057420_Part21

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7 EPA_00000735-EPA_00057420_Part22

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8 EPA_00000735-EPA_00057420_Part23

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April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00000735-EPA_00057420_Part24 . (Attachments: # 1 EPA_00000735-EPA_00057420_Part25, # 2 EPA_00000735-EPA_00057420_Part26, # 3 EPA_00000735-EPA_00057420_Part27, # 4 EPA_00000735-EPA_00057420_Part28, # 5 EPA_00000735-EPA_00057420_Part29, # 6 EPA_00000735-EPA_00057420_Part30, # 7 EPA_00000735-EPA_00057420_Part31, # 8 EPA_00000735-EPA_00057420_Part32, # 9 EPA_00000735-EPA_00057420_Part33)(Berlinsky, Lee) (Entered: 04/18/2025)

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April 18, 2025

April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00000735-EPA_00057420_Part34 . (Attachments: # 1 EPA_00000735-EPA_00057420_Part35, # 2 EPA_00000735-EPA_00057420_Part36, # 3 EPA_00000735-EPA_00057420_Part37, # 4 EPA_00000735-EPA_00057420_Part38, # 5 EPA_00000735-EPA_00057420_Part39, # 6 EPA_00000735-EPA_00057420_Part40, # 7 EPA_00000735-EPA_00057420_Part41)(Berlinsky, Lee) (Entered: 04/18/2025)

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00000735-EPA_00057420_Part42 . (Attachments: # 1 EPA_00000735-EPA_00057420_Part43, # 2 EPA_00000735-EPA_00057420_Part44, # 3 EPA_00000735-EPA_00057420_Part45, # 4 EPA_00000735-EPA_00057420_Part46, # 5 EPA_00000735-EPA_00057420_Part47)(Berlinsky, Lee) (Entered: 04/18/2025)

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April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00057421 . (Attachments: # 1 EPA_00057466, # 2 EPA_00057561, # 3 EPA_00070430_Part1, # 4 EPA_00070430_Part2, # 5 EPA_00070430_Part3, # 6 EPA_00070430_Part4, # 7 EPA_00070430_Part5)(Berlinsky, Lee) (Entered: 04/18/2025)

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April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00070430_Part6 . (Attachments: # 1 EPA_00070430_Part7, # 2 EPA_00070430_Part8, # 3 EPA_00070430_Part9, # 4 EPA_00070430_Part10, # 5 EPA_00070430_Part11, # 6 EPA_00070430_Part12, # 7 EPA_00070430_Part13, # 8 EPA_00070430_Part14)(Berlinsky, Lee) (Entered: 04/18/2025)

April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00070430_Part15 . (Attachments: # 1 EPA_00070430_Part16, # 2 EPA_00070430_Part17, # 3 EPA_00070430_Part18, # 4 EPA_00070430_Part19, # 5 EPA_00070430_Part20)(Berlinsky, Lee) (Entered: 04/18/2025)

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April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00071140 . (Attachments: # 1 EPA_00071909_Part1, # 2 EPA_00071909_Part2, # 3 EPA_00071909_Part3, # 4 EPA_00071909_Part4, # 5 EPA_00071909_Part5, # 6 EPA_00071909_Part6, # 7 EPA_00071909_Part7)(Berlinsky, Lee) (Entered: 04/18/2025)

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00073595_ . (Attachments: # 1 EPA_00073635_Part1, # 2 EPA_00073635_Part2, # 3 EPA_00073635_Part3, # 4 EPA_00073635_Part4, # 5 EPA_00073635_Part5, # 6 EPA_00073635_Part6, # 7 EPA_00075040_)(Berlinsky, Lee) (Entered: 04/18/2025)

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April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00075137_Part1 . (Attachments: # 1 EPA_00075137_Part2, # 2 EPA_00075137_Part3, # 3 EPA_00075137_Part4, # 4 EPA_00075290_)(Berlinsky, Lee) (Entered: 04/18/2025)

April 18, 2025

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Additional Attachments to Main Document 79 Reply,. First attachment description: EPA_00075291_Part1 . (Attachments: # 1 EPA_00075291_Part2, # 2 EPA_00075291_Part3, # 3 EPA_00075291_Part4, # 4 EPA_00075291_Part5, # 5 EPA_00075291_Part6, # 6 EPA_00075291_Part7, # 7 EPA_00075291_Part8)(Berlinsky, Lee) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

April 18, 2025

April 18, 2025

Order on Motion for Extension of Time

April 18, 2025

April 18, 2025

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Letter from U.S. Attorney's Office-District of South Carolina. (Berlinsky, Lee) (Entered: 04/20/2025)

April 20, 2025

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ORDER: Defendants are directed to provide the Court a status report on or before April 22, 2025 at 5:00 p.m. which addresses the following: 1.The status of Defendants' efforts to resume "processing, disbursement, and payment" of grants subject to the Woonasquatucket River Watershed Council injunction; and 2.The specific status of the grants set forth at Dkt. No. 25-1 at 14-20, indicating whether the grant funds for each grant are presently paused, accessible to grantees, or terminated. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/21/2025. (ltap, ) (Entered: 04/21/2025)

April 21, 2025

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Additional Attachments to Main Document 79 Reply,,. First attachment description: EPA_00000735-EPA_00006744 . (Attachments: # 1 EPA_00036078-EPA-00041425_Part1, # 2 EPA_00036078-EPA-00041425_Part2, # 3 EPA_00036078-EPA-00041425_Part3, # 4 EPA_00042133-EPA_00045081, # 5 EPA_00045082)(Berlinsky, Lee) (Entered: 04/21/2025)

1 EPA_00036078-EPA-00041425_Part1

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Additional Attachments to Main Document 79 Reply,,. First attachment description: EPA_00045102-EPA_00049226 . (Attachments: # 1 EPA_00049228_Part1, # 2 EPA_00049228_Part2, # 3 EPA_00049228_Part3, # 4 EPA_00049330, # 5 EPA_00049361-EPA_00050946)(Berlinsky, Lee) (Entered: 04/21/2025)

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April 21, 2025

April 21, 2025

Case Details

State / Territory:

South Carolina

Case Type(s):

Presidential/Gubernatorial Authority

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 19, 2025

Plaintiffs

Plaintiff Description:

Thirteen nonprofit organizations and six municipalities that had been awarded federal grant funds under the IRA and IIJA

Plaintiff Type(s):

City/County Plaintiff

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Agriculture

Department of Energy

Department of Governmental Efficiency Service

Department of Transportation

Environmental Protection Agency

Office of Management and Budget

President Donald Trump

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Presentment Clause

Separation of Powers

Other Dockets:

District of South Carolina 2:25-cv-02152

U.S. Court of Appeals for the Fourth Circuit 25-01575

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Issues

Environmental Justice and Resources:

Funding

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)

Recommended Citation