Inclusiv Files Emergency Appeal Regarding CCIA Funds and Expands Support for Affordable Clean Energy Lending
New York, NY (September 11, 2025) - Inclusiv filed an emergency appeal on Wednesday seeking to overturn the latest decision by the United States Court of Appeals for the District of Columbia. Inclusiv is a plaintiff in the ongoing federal litigation challenging the EPA’s unlawful attempt to terminate the NCIF (National Clean Investment Fund) and CCIA (Clean Communities Investment Accelerator) both part of the Greenhouse Gas Reduction Fund (GGRF).
In a 2-1 opinion written by Judge Rao and joined by Judge Katsas, the majority of the panel ruled that the plaintiffs’ claims pose, in essence, contractual disputes rather than challenges to EPA’s actions in violation of the Constitution and federal law. The ruling maintains that the District Court lacks jurisdiction over this case, and therefore the claims must be heard in the Court of Federal Claims.
“This was not an unexpected ruling, but it is incredibly disappointing and, we believe, wrong,” said Cathie Mahon, President/CEO of Inclusiv. “This latest court decision continues to block communities from receiving essential investments they need to lower their energy bills. As we continue our litigation with this new appeal to preserve this groundbreaking community based clean energy lending program, Inclusiv is also committed to continuing to support hundreds community lenders across the country in making energy affordable and accessible in rural and low-income communities.”
As Judge Pillard wrote in her thorough and well-reasoned dissenting opinion: "EPA's violations of law are so clear that the agency hardly contests them. And the imminent, irreversible harm to Plaintiffs is incontrovertible. These circumstances cry out for preliminary injunctive relief, as the district court rightly recognized. The majority's contrary conclusion accepts the government's gambit to strip district courts of jurisdiction over the government's blatant violations of basic principles of constitutional and administrative law."
Inclusiv and the other plaintiffs have now filed an emergency petition for en banc review by the full D.C. Circuit Court of Appeals, seeking a reversal of the majority’s decision. A copy of that petition is available here. This latest ruling, issued on September 3rd, four months after oral arguments, vacates the preliminary injunction order issued on April 15th by Judge Chutkan at the lower court level, which found that EPA had no lawful or factual basis for its attempted termination of the GGRF program.
Inclusiv’s CCIA program is designed to leverage the $1.87 billion grant to bring $4.5 billion in combined new private capital investment and grant funds to clean energy solutions to benefit 900,000 households and small businesses in low-income areas. For more than five years, Inclusiv has been training and mobilizing hundreds of community lenders to build, launch, and scale affordable clean energy and energy efficiency loan programs.
The need for affordable financing is now more critical than ever. Inclusiv's commitment to clean energy lending will continue regardless of the status of our litigation, because the reality is that many Americans are still navigating rapidly increasing utility bills, and aging energy equipment they can’t afford to replace. We will continue our work to make energy cheaper, safer and cleaner for all.
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