This morning a divided panel of the U.S. Court of Appeals for the D.C. Circuit vacated a district court injunction preventing the Environmental Protection Agency from terminating grants given to non-profit organizations by the Biden Administration to promote greenhouse gas reductions and other climate policies. I suspect a petition for rehearing en banc is likely to follow (as might an appeal to the Supreme Court should the en banc D.C. Circuit intervene).
Judge Rao wrote for the panel in Climate United Fund v. Citibank, joined by Judge Katsas. Judge Pillard dissented.
Judge Rao summarizes her opinion as follows:
