From: Michelle Roos <michelle.roos@environmentalprotectionnetwork.org>
Sent: Monday, February 3, 2025 11:18 PM
To: Michelle Roos <michelle.roos@environmentalprotectionnetwork.org>
Subject: Update on Temporary Restraining Order
I have written and rewritten this note numerous times today, and think that my best bet is to actually quote the New York Times, “Judge Further Blocks White House Spending Freeze,” Monday, February 3, 6:51pm ET:
A federal judge on Monday temporarily blocked the Trump administration from imposing a sweeping freeze on trillions of dollars in federal grants and loans, adding to the pushback against an effort by the White House’s Office and Management and Budget.
The restraining order by the judge, Loren L. AliKhan of the Federal District Court for the District of Columbia, came hours after the Justice Department told a federal judge in Rhode Island who issued a similar order on Friday that the government interpreted his order as applying to all spending nationally, not just to funds for the states that brought that case
Together, the signals from federal judges amounted to a two-fisted rebuke of the move by the budget office as an overreach that likely lacked legitimate authority.
So, here are some potential actions to consider:
If your funding is currently missing from ASAP or if you were otherwise denied a drawdown today or tomorrow, request that EPA reinstate your funds or allow you to draw down.
- It is important to document all of your efforts to legally draw down funding from your ASAP account and to build your administrative record.
- You can use this email template, adding details relevant to your specific grant (including actual harm on the ground), and send it to your assigned Grant Program Officer. If you have legal counsel, we recommend that you consult with them to help refine the email template and to provide tailored legal advice for your situation.
- Also, if you are still unable to draw down funds by the end of day Tuesday, February 4, fill out Lawyers for Good Government’s fund protection clinic intake form so they can track this violation and reach out to you about potential next steps.
Make the most of your Senators and US Representatives being home around President’s Day.
- Consider reaching out to your elected officials and educating them on the benefits your project will provide to their constituents and complement state investment, especially in terms of jobs, stimulating the economy, energy independence, decreased exposure to pollution, etc.
- Consider inviting them to visit your site/proposed site and/or meeting with partners.
- If you need pro bono assistance with this, reach out to: IRA@liletteadvisors.com.
Keep moving forward and stay in compliance.
- The best way to “win” is to successfully implement your project. If you can, proceed with your work.
- Make sure your finances are in order. If you are an EPA grant program awardee, or you know someone who is, please reach out to Kathy Pope at EPN for information on our February 12th, 1-2:30pm eastern, training on financial management. We will spend the first half on the training and the second half in breakout rooms by grant.
- Review L4GG’s Guidance Brief for information on common questions associated with grants and tax credits and tips for how you can stay in compliance.
Once your access to funding has been restored, consider trying to get as much of your funding properly and legally drawn down as quickly as possible.
- As always, make sure you are 100% clear on your award obligations and that you remain 100% in compliance.
- Remember, for most grants, you will need to spend these funds within 5 days (payroll, purchases, etc.).
- Reach out to Lawyers for Good Government if you have questions about allowable drawdowns.
If you are “in limbo” please make sure we know!
For example, please tell us if you have been selected but have not received your award or your award was signed but not emailed to you.
Michelle Roos (she/her)
Executive Director
Environmental Protection Network
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