The Sustainability Institute v. Trump (Sustainability Appeal 20)
Legal Issues
Overview
Overview
The government appealed Judge Gergel's order granting a permanent injunction for the plaintiffs regarding 36 out of the 38 grants frozen and requiring the government to release the requested funds.
The Issue
Issue
Whether the government's freeze of federal funding to environmental grants violated the Administrative Procedure Act or other applicable law, and whether a permanent injunction requiring release of the withheld funds was warranted.
The Rules
Rule
An injunction is appropriate when a plaintiff demonstrates likelihood of success on the merits, irreparable harm absent the injunction, a favorable balance of equities, and that the injunction serves the public interest. Agency action may be challenged as arbitrary and capricious under the APA if it is not in accordance with law.
The Application
Analysis
The district court found the funding freeze violated applicable law and that The Sustainability Institute demonstrated likelihood of success on the merits and would suffer irreparable harm from continued withholding of funds. The court determined the balance of equities and public interest favored the injunction.
The Conclusion
Conclusion
The district court granted a permanent injunction requiring the government to release the frozen funds for 36 of the 38 grants. The government appealed to the Fourth Circuit, where the case remains pending.
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