Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Politics

EPA Claims Congress Killed the Green Bank

The saga of the Greenhouse Gas Reduction Fund takes another turn.

Throwing away a green bank.
Heatmap Illustration/Getty Images

On July 3, just after the House voted to send the reconciliation bill to Trump’s desk, a lawyer for the Department of Justice swiftly sent a letter to the U.S. Court of Appeals for the D.C. Circuit. Once Trump signed the One Big Beautiful Bill Act into law, the letter said, the group of nonprofits suing the government for canceling the biggest clean energy program in the country’s history would no longer have a case.

It was the latest salvo in the saga of the Greenhouse Gas Reduction Fund, former President Joe Biden’s green bank program, which current Environmental Protection Agency Administrator Lee Zeldin has made the target of his “gold bar” scandal. At stake is nearly $20 billion to fight climate change.

Congress created the program as part of the Inflation Reduction Act in 2022. It authorized Biden’s EPA to award that $20 billion to a handful of nonprofits that would then offer low-cost loans to individuals and organizations for solar installations, building efficiency upgrades, and other efforts to reduce emissions. The agency announced the recipients last summer, before its September deadline to get the funds out.

Then Trump took office and ordered his agency heads to pause and review all funding for Inflation Reduction Act programs.

In early March, buoyed by a covert video of a former EPA employee making an unfortunate and widely misunderstood comparison of the effort to award the funding to “throwing gold bars off the edge” of the Titanic, Zeldin notified the recipients that he was terminating their grant agreements. He cited “substantial concerns” regarding “program integrity, the award process, programmatic fraud, waste, and abuse, and misalignment with agency’s priorities.”

In court proceedings over the decision, the government has yet to cite any specific acts of fraud, waste, or abuse that justified the termination — a fact that the initial judge overseeing the case pointed out in mid-April when she ordered a preliminary injunction blocking the EPA from canceling the grants. But the EPA quickly appealed to the D.C. Circuit Court, which stayed the lower court’s injunction. The money remains frozen at Citibank, which had been overseeing its disbursement, as the parties await the appeals court’s decision.

As all of this was playing out, Congress wrote and passed the One Big Beautiful Bill Act. The new law rescinds the “unobligated” funding — money that hasn’t yet been spent or contracted out — from nearly 50 Inflation Reduction Act programs, including the Greenhouse Gas Reduction Fund. According to an estimate from the Congressional Budget Office, the remaining balance in the fund was just $19 million.

The Trump administration, however, is arguing in court that the OBBBA doesn’t just recoup that $19 million, but also the billions in awards at issue in the lawsuit. Congress has rescinded “the appropriated funds that plaintiffs sought to reinstate through this action,” Principal Deputy Assistant Attorney General Yaakov Roth wrote in his July 3 letter, implying that the awards were no longer officially “obligated” and that all of the money would have to be returned. Therefore, “it is more clear than ever that the district court’s preliminary injunction must be reversed,” he wrote.

Roth cited a statement that Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, made on the floor of the Senate in June. She said she agreed with Zeldin’s decision to cancel the Greenhouse Gas Reduction Fund grants, and that it was Congress’ intent to rescind the funds that “had been obligated but were subsequently de-obligated” — about $17 billion in total. She did not acknowledge that Zeldin’s decision was being actively litigated in court.

On Monday, attorneys for the plaintiffs fired back with a message to the court that the reconciliation bill does not, in fact, change anything about the case. They argued that the EPA broke the law by canceling the grants, and that the OBBBA can’t retroactively absolve the agency. They also served up a conflicting statement that Capito made about the fund to Politico in November. “We’re not gonna go claw back money,” she said. “That’s a ridiculous thought.”

Capito’s colleague Sheldon Whitehouse, a Democrat, offered additional evidence on the floor of the Senate Wednesday. He cited the Congressional Budget Office’s score of the repeal of the program of $19 million, noting that it was the amount “EPA had remaining to oversee the program” and that “at no point in our discussions with the majority, directly or in our several conversations with the Parliamentarian, was this score disputed.” Whitehouse also called up a previous statement made by Republican Representative Morgan Griffith, a member of the House Energy and Commerce Committee, during a markup of the bill. “I just want to point out that these provisions that we are talking about only apply as far, as this bill is concerned, to the unobligated balances,” Griffith said.

Regardless, it will be up to the D.C. Circuit Court as to whether the lower court’s injunction was warranted. If it agrees, the nonprofit awardees may still, in fact, be able to get the money flowing for clean energy projects.

“Wishful thinking on the part of DOJ does not moot the ongoing litigation,” Whitehouse said.

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Energy

Data Centers and Natural Gas Are Bending the Climate Transition Curve, IEA Says

The group’s latest World Energy Outlook reflects the sharp swerve in U.S. policy over the past year.

The Statue of Liberty and a natural gas flare.
Heatmap Illustration/Getty Images

The United States is different when it comes to energy and fossil fuels. While it’s no longer the world’s largest greenhouse gas emitter, no other country combines the United States’ production and consumptive capacity when it comes to oil — and, increasingly, natural gas. And no other country has made such a substantial recent policy U-turn in the past year, turning against renewables deployment at the same time as it is seeing electricity demand leap up thanks to data centers.

All of this is mirrored in the International Energy Agency’s 2025 World Energy Outlook, released Wednesday, which reflects a stark portrait of how America’s development of artificial intelligence and natural gas has made it distinct from its global peers. In combination, the effects of the One Big Beautiful Bill Act and the U.S.’s world-leading artificial intelligence development have meaningfully altered the group’s forecasts of global fossil fuel usage and emissions.

Keep reading...Show less
Yellow
Climate

The Centerpiece of Brazil’s COP Agenda Might Be Doomed

After years of planning, the Tropical Forests Forever Facility has so far failed to take root.

British pounds and a macaw.
Heatmap Illustration/Getty Images

In selecting a location for this year’s United Nations climate conference, host country Brazil chose symbolism over sense. Belém, the site of this year’s summit, is perched on the edge of the Amazon rainforest. The setting is meant to foreground the importance of nature in fighting climate change — despite the city’s desperately inadequate infrastructure for housing the tens of thousands of attendees the conference draws.

That mismatch of intention and resources has also played out in the meeting rooms of the gathering, known as COP30. The centerpiece of President Luiz Inácio Lula da Silva’s agenda was meant to be the Tropical Forests Forever Facility, an international finance scheme to raise at least $2 billion per year to fund forest conservation and restoration. After an inauspicious launch in which presumed supporters of the facility failed to put up any actual financing, however, it’s unclear whether the TFFF will have a chance to prove it can work.

Keep reading...Show less
Energy

Scoop: Giant Wind Farm Off New Jersey Coast Is Getting Killed

Leading Light can’t move forward, a legal counsel wrote to state regulators.

A wind turbine and New Jersey.
Heatmap Illustration/Getty Images, Library of Congress

Another offshore wind project on the East Coast is being quietly killed.

Legal counsel for the Leading Light Wind offshore project filed a letter on Nov. 7 to the New Jersey Board of Public Utilities informing the regulator it no longer sees any way to complete construction and wants to pull the plug.

Keep reading...Show less
Blue