The courthouse complex at the Four Corners of Law in downtown Charleston. Credit: File photo

A Lowcountry nonprofit won its David-versus-Goliath fight against the Trump administration last week when U.S. District Court Judge Richard Gergel ruled federal officials illegally canceled an $11.4 million Biden-era local grant from the U.S. Environmental Protection Agency (EPA) .

North Charlestonโ€™s Sustainability Institute was the lead plaintiff in a national case involving 12 nonprofits, six cities and a total of 38 grants. The ruling immediately restored funding for the nonprofit plaintiffs and set aside the city grants for later consideration.

At a charged May 19 courthouse hearing in Charleston, Gergel was withering in his assessment of the governmentโ€™s case. In particular, he noted that Deputy EPA Administrator Travis Voyles had been unable to produce a single document to back up his sworn claim that heโ€™d reviewed each of the grants individually before canceling them, as required by law.

โ€œI was, frankly, embarrassed for the government to read Mr. Voyles’ affidavit,โ€ Gergel said from the bench. โ€œI’ve just never seen anything submitted to me like that. It was, frankly, sort of an insult to the Court.โ€

Whatโ€™s more, he seemed to directly question the governmentโ€™s overall candor.

โ€œYou know, y’all can do what you wish,โ€ Gergel said. โ€œI’m used to the government speaking to me straight, to answer my questions honestly. Fifteen years on the bench, I’ve never had an experience where I thought the government did not do that.โ€

Constitutional test of separation of powers

In a May 20 order, Gergel found that Trump administration officials violated the federal Administrative Procedure Act when they canceled the grants without review. 

โ€œThey sent me a truckload full of documents,โ€ Gergel noted. โ€œNot one of them showed any individualized concession review of consideration or anything regarding these grants.โ€

Gergel also ruled that the unilateral cancellations were an unconstitutional usurpation of Congressโ€™s power of the purse.

โ€œIt’s the Constitution we’re having to address,โ€ Gergel said. โ€œAnd it just seems to me that the public interest lies most directly in upholding our form of government.โ€

Southern Environmental Law Center attorney Kym Meyer, who represented the plaintiffs in the case, said her clients were โ€œexcitedโ€ to be able to get back to work in their communities.

โ€œWeโ€™re delighted with the result,โ€ she told the Charleston City Paper on May 21. โ€œAnd weโ€™re looking forward to our plaintiffs getting back access to their funds.โ€

Sustainability Institute Executive Director Bryan Cordell echoed those comments in a statement, stressing the importance of the project.

โ€œContinued โ€ฆ disruptions to our work would be catastrophic and equivalent to the government turning its back on the housing, jobs, and other economic, environmental and social impacts that are set to be delivered,โ€ he said.

As the City Paper reported in March, the Institute will use the grant to build and rehabilitate energy-efficient affordable homes in North Charlestonโ€™s Union Heights neighborhood, which was once divided by a now-abandoned 1-26 exit ramp.

North Charleston Mayor Reggie Burgess has called the project โ€œtransformativeโ€ for the area.

โ€œWeโ€™re at a point in time when weโ€™re reconnecting Union Heights,โ€ he said earlier this year. โ€œSo, continue to pray hard for this development, because weโ€™re going to make it happen.โ€

The Trump administration is expected to appeal the ruling.


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