D.C. Circuit Court Grants En Banc Petition for Inclusiv and GGRF Plaintiffs
New York, NY (December 17, 2025) - Today, Inclusiv was granted an emergency appeal hearing in our Greenhouse Gas Reduction Fund lawsuit.
Inclusiv is the recipient of a $1.87 billion CCIA (Clean Communities Investment Accelerator) Greenhouse Gas Reduction Fund (GGRF) federal award, that the U.S. Environmental Protection Agency (EPA) has attempted to unlawfully terminate.
Today, December 17, the U.S. Court of Appeals for the D.C. Circuit granted the GGRF awardees’ request for en banc rehearing. This means that the full court will hear arguments on whether the plaintiffs were entitled to the earlier ordered Preliminary Injunction.
The order can be found here, and sets an oral argument on February 24, 2026. While this continues, the grant funds remain frozen at Citibank.
We are, of course, closely following ongoing developments and will keep you posted with further alerts and next steps.
Here is a brief reminder of the progression of our ongoing litigation:
- On March 11, 2025, the EPA made an unlawful attempt to terminate Inclusiv’s award, along with awards to seven other organizations, under the GGRF’s CCIA and NCIF (National Clean Investment Fund) programs.
- On March 31, Inclusiv filed affirmative litigation in the United States District Court for the District of Columbia against the EPA and Citibank, seeking declaratory and injunctive relief from EPA’s baseless attempt to terminate a program created and funded by Congress.
- On April 15, U.S. District Judge Tanya Chutkan of the District of Columbia Federal Court issued a Preliminary Injunction order on behalf of the GGRF plaintiffs, rejecting the EPA’s attempts to terminate the program.
- The EPA appealed the preliminary injunction order to the D.C. Circuit Appeals Court.
- On September 2, a divided panel for the D.C. Circuit Appeals Court ruled 2-1 that the District Court lacks jurisdiction over this case, and therefore the claims must be heard in the Court of Federal Claims, and vacated the Preliminary Injunction.
- On September 11, the plaintiffs filed an emergency appeal seeking an en banc review to overturn that 2-1 decision.
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