Attorney General Nessel Files Amicus Brief Opposing Unlawful Termination of Environmental Justice Grant Program

LANSING – Michigan Attorney General Dana Nessel joined a coalition of 19 other attorneys general in filing an amicus brief (PDF) supporting a lawsuit against the U.S. Environmental Protection Agency (EPA) for unlawfully terminating the Environmental and Climate Justice Block Grant Program. The grant program, created and funded by Congress through the 2022 Inflation Reduction Act, is designed to provide critical support to communities disproportionately impacted by pollution and climate change. Attorney General Nessel and the coalition argue that the EPA’s abrupt and unlawful termination of the program and cancellation of grants have already caused widespread harm across their states, particularly in low-income communities and communities of color, and are urging the court to block the program termination while the lawsuit continues.

“Time and again, we’ve seen the Trump Administration show a blatant disregard for the rule of law – once more attempting to rescind congressionally approved grant funding,” Nessel said. “This time, the Administration is targeting critical environmental justice grants that address deep-rooted disparities in our communities. I remain committed to working alongside my colleagues to defend these essential resources and ensure they remain available to those who need them most.”

In the brief filed in Appalachian Voices v. EPA, Attorney General Nessel and the coalition emphasize that by terminating this grant program, the federal government is inflicting serious, lasting harm on vulnerable communities already grappling with disproportionate pollution burdens and the escalating effects of climate change. These communities, which are often low-income, communities of color, indigenous, or in rural areas, face overlapping environmental and public health crises.

The attorneys general explain that these challenges have only been made worse by historical discriminatory policies including racial segregation, redlining, and a systemic lack of investment in disadvantaged neighborhoods. These communities are often under-resourced with limited access to vital needs like clean drinking water and are less equipped to recover from devastating weather-related events or to mitigate the increasing impact of climate change within their communities.

In 2022, Congress created the grant program under the Inflation Reduction Act, mandating that the EPA distribute $3 billion in funding specifically to help address these disparities. In Michigan, there are approximately 10 grantees slated to receive more than $85 million in federal funds from the EPA, including, but not limited to a grant to the City of Flint for a community engagement and climate resiliency plan. Now, the sudden termination of these grants has forced grantees to lay off staff, halt programming, and freeze hiring.

Attorney General Nessel and the coalition note that the EPA’s mass cancellation of the environmental and climate justice grant program violates clear congressional mandates and fundamental constitutional principles. Congress directed the EPA to distribute these funds using mandatory language in the Inflation Reduction Act, leaving the agency no discretion to unilaterally withdraw support.

The coalition is urging the court to grant plaintiffs’ motion for a preliminary injunction and ensure that the environmental justice grants remain available for the communities that so desperately need them.

Joining Attorney General Nessel in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

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