Building Materials Re-use Association v. EPA

A nonprofit organization that received a grant from EPA under the Inflation Reduction Act’s Reducing Embodied GHG Emissions for Construction Materials and Products Program filed a lawsuit in federal district court in the District of Columbia challenging the termination of the program. The plaintiff asserted claims that the termination violated separation of powers, the Presentment Clauses, and was arbitrary and capricious and contrary to law in violation of the Administrative Procedure Act. The plaintiff asked the court for a declaratory judgment that the termination violated the Constitution and the statutory provisions enacting and appropriating funds to the program, as well as injunctive relief barring termination of the program and reinstating the plaintiff’s grant award.