MECKLENBURG COUNTY, N.C. — This week, a federal judge has ordered that federal funding to an air quality monitoring program in Mecklenburg County must be restored.
The decision came down Monday, after a lawsuit filed by the Southern Environmental Law Center and the Public Rights Project against the Trump administration in March.
CleanAire NC was awarded a $500,000 federal grant through the EPA in 2023 to expand air quality monitoring in northern Mecklenburg County, targeting communities with historically high pollution levels as a part of the Biden Administration’s focus on environmental justice.
Current EPA Administrator Lee Zeldin has criticized the previous focus on environmental justice for unfairly factoring race and background into federal funding decisions. Under the new leadership, the EPA has worked to dismantle its Office of Environmental Justice and reassign its staffers or place them on leave.
Judge Richard Gergel, A U.S. District Court judge for the District of South Carolina, ordered the Trump administration to restore $176 million in grant funding for six municipalities and 13 nonprofit groups, including CleanAire NC, siding with the SELC’s argument that freezing the congressionally apportioned funds violated the Administrative Procedure Act.
In March, when the SELC initially filed this suit, Andrew Whelan, a spokesman for CleanAire NC, said the nonprofit was planning to launch its three-year air monitoring program this summer. The nonprofit had already paid some of the program costs upfront, but without access to federal dollars from the grant, he wasn’t sure the program could continue.
Now, Whelan said CleanAire NC is waiting to see when the previously frozen funds become available and how many more months and activities of the program the nonprofit will be able to support with the amount of funding we’re able to draw down when they do.
“This decision validates what CleanAIRE NC and our community partners have experienced firsthand: the disruption caused by the unlawful funding freeze has real consequences for our ability to protect public health in North Carolina,” Whelan said in a statement. “We are hopeful that this ruling will lead to the swift restoration of funds, allowing us to resume essential air quality monitoring and community engagement initiatives that are crucial for a healthier future.”
Attorneys representing the Trump Administration said they planned to appeal the decision. Whelan said it’s unclear whether CleanAire NC will be able to access the funds while another case is pending.
The SELC, on behalf of CleanAire NC, also announced Thursday it’s joining a second lawsuit challenging the federal funding freeze on the $5 billion for the national EV Charging program. The attorneys again claim the federal branch does not have the legal authority to freeze congressionally appointed funds.
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