Industry leaders are speaking out against the Environmental Protection Agency’s recent controversial cancellation of environmental grants, as new documents reveal agency officials were aware their actions lacked proper legal justification.
Stan Kolbe, Executive Director of Government and Political Affairs at the Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA), expressed contactor frustration over the increasing disruption to ongoing infrastructure, IRA and CHIPS projects during a period of rapidly spiking economic uncertainty.
“Our industry is now reviewing the list of the all construction projects that have knowingly been canceled or suspended despite being bid properly to first-rate, experienced contractors on their merits,” Kolbe stated, highlighting the industry’s widespread concern over pausing, freezing or withdrawing funding to existing contracts and projects.
The controversy has intensified during recent Senate confirmation hearings for Sean Donahue, President Trump’s nominee for EPA’s top legal position. During a contentious hearing in March, Democratic senators raised serious concerns about both the grant cancellations and Donahue’s qualifications. In an exchange with Sen. Sheldon Whitehouse (D-R.I.), Donahue acknowledged he had never taken a deposition, tried a case to verdict, argued a motion, or signed a legal pleading.
Internal documents and emails reviewed by The Washington Post reveal that EPA lawyers had warned officials about flawed legal justification for terminating the grants. The agency’s legal team specifically cautioned that many of the terminated grants weren’t subject to the contractual language cited in the cancellations, suggesting that these decisions could be reversed through administrative or court challenges.
EPA Administrator Lee Zeldin has strongly defended the agency’s actions, characterizing the grants as “riddled with self-dealing and wasteful spending.” In terminating the $20 billion in green bank grants, Zeldin pledged that “EPA will be an exceptional steward of taxpayer” resources. However, these claims of misconduct have been challenged in court, where a federal judge has temporarily blocked the EPA’s attempts to claw back the funds.
The controversy took on additional political dimensions with EPA Administrator Lee Zeldin’s specific targeting of Power Forward Communities, a nonprofit with ties to Stacey Abrams. According to Utility Dive, the group was awarded a significant grant despite reporting only $100 in total revenue in 2023. Critics argue the grant appears to be politically motivated, pointing out that Power Forward Communities received $2 billion in federal funding after reporting minimal revenue the previous year. The organization’s leadership maintains that the funding is critical for community development, while the EPA under Administrator Zeldin suggests the grant raises legitimate questions about fiscal oversight and potential misuse of taxpayer funds.
Environmental organizations have strongly condemned the EPA’s actions. The Sierra Club called the termination of $20 billion in climate grants “illegal,” noting that the funding was Congressionally mandated through the Inflation Reduction Act’s Greenhouse Gas Reduction Fund. The Natural Resources Defense Council characterized the move as “reckless,” while the Environmental Defense Fund has filed legal challenges to fight what they describe as Zeldin’s “effort to cancel Clean Air Act limits on pollution.”
The legal battle has expanded as three nonprofit grantees—Climate United, Coalition for Green Capital, and Power Forward Communities — filed suit against the Trump administration in the U.S. District Court for the District of Columbia.
“This isn’t about politics; it’s about economics,” said Beth Bafford, CEO of Climate United. “This program was designed to save money for hard-working Americans who are struggling to pay for groceries and keep the lights on. We’re going to court for the communities we serve — not because we want to, but because we have to.”
In an ironic twist, the grantees are using a conservative legal victory against the EPA, citing last year’s Supreme Court Loper Bright v. Raimondo decision that ended Chevron deference to federal agencies. According to court filings reviewed by E&E News, the grantees argue that without Chevron deference, the EPA has exceeded its authority by attempting to claw back approximately $20 billion in congressionally mandated climate law grants from the Greenhouse Gas Reduction Fund program.
Legal experts note that while Loper Bright was intended to limit agency power, environmental groups may now use it to argue that agencies “have not regulated strongly enough to comply with their statutory mandates,” according to analysis in The National Law Journal.
The Climate United Fund, which received a $6.97 billion grant through the Greenhouse Gas Reduction Fund, reports it can no longer make payroll or disburse funding to its partners. Their grant has been frozen since February 18, and remains frozen as of March 31.
The freeze has particularly affected disadvantaged communities, with tribal leaders expressing significant concern. According to Tribal Business News, $1.5 billion earmarked for Indian communities has been caught in the funding cancellation. The Solar For All program, which was set to distribute $7 billion in grants to 60 awardees including states, territories, and tribal governments, aimed to deliver solar power to at least 900,000 households. Many of these communities now face uncertainty about critical clean energy and infrastructure projects.
“It’s demoralizing,” one tribal leader told Nevada Current, describing the impact of the funding freeze on community development efforts.
The situation has already seen initial success in court, with a judge halting the administration’s attempts to reclaim the grants, citing a lack of evidence for alleged wrongdoing. The controversy has even led to upheaval within the Justice Department, where a veteran prosecutor resigned after reportedly refusing to freeze grantees’ bank accounts.