Opportunity Finance Network v. Citibank

A recipient of grant funds under the Clean Communities Investment Accelerator (CCIA) fund under the Inflation Reduction Act’s Greenhouse Gas Reduction Fund filed a lawsuit in the federal district court for the District of Columbia challenging EPA’s purported termination of its grant. The plaintiff is a nonprofit organization that describes itself as “a leading national network of more than 470 Community Development Financial Institutions and mission-driven community lenders nationwide.” The plaintiff alleged that it seeks to use the CCIA award of $2.29 billion to finance projects in housing, transportation, energy infrastructure, and other initiatives across the U.S. The plaintiff asserted that EPA and EPA Administrator Lee Zeldin violated the Administrative Procedure Act, the Appropriations Clause, separation of powers, and the due process clause. Against Citibank, N.A., which held the grant funds, the complaint asserted breach of contract, replevin, and conversion claims.