Court Decision Reaffirms EPA’s “Termination” of Inclusiv's Award Was Unlawful
Today, the U.S. Court of Appeals for the District of Columbia in an En Banc panel decision upheld the U.S. District Court’s April 2025 preliminary injunction order in the Greenhouse Gas Reduction Fund (GGRF) litigation. This ruling affirms that the EPA's March 11, 2025 “Notice of Termination” violated the law. For a full review and reminder of how we got here, see our December 2025 press release.
Specifically, the En Banc panel sided with Inclusiv and the other GGRF plaintiffs in ruling 6-4 that the EPA’s attempts to terminate the National Clean Investment Fund (NCIF) and Clean Communities Investment Accelerator (CCIA) awards, and claw back funds already disbursed to the plaintiff groups’ bank accounts based solely on the Administration’s policy disagreements, were invalid and have no effect. The panel was equally divided (5-5) on other points.
These GGRF funds remain frozen at the plaintiff groups’ Citibank accounts under an administrative stay order also issued by the court today. Inclusiv is closely following the ongoing developments on the heels of these orders and will provide further updates as they become available.
Inclusiv's strong commitment to clean energy lending remains regardless of the status of our litigation. The reality is that many Americans are navigating rapidly increasing utility bills, and aging energy equipment they cannot afford to replace. We will continue our work to make energy more affordable, safer, and cleaner for all.
