US appeals court rules cancelled EPA grant claims must go to federal claims court

The US Court of Appeals for the D.C. Circuit ruled Tuesday that claims arising out of the cancellation of grants under the Greenhouse Gas Reduction Fund and the Environmental Protection Agency (EPA) should be resolved in the US Court of Federal Claims because the claims are primarily contractual.

In its judgement, the court noted that, “ [b] ecause Congress has limited the forum and the remedies for contract claims against the government, a litigant whose claim is essentially contractual cannot ‘avoid the jurisdictional (and hence remedial) restrictions of the Tucker Act’ by simply asking for injunctive relief in district court.”

The grantees asserted the EPA violated regulations under the Office of Management and Budget (OMB) regulations, which the grantees claim do not allow th