County’s EPA Community Change grant work continues amid litigation; statutory partner retains limited services
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Summary
County staff and grant partners described ongoing work connected to the EPA Community Change Grant while litigation over the grant terminations proceeds in federal courts; administrative costs of $172,855 were reported as allowable and potentially reimbursable if litigation succeeds.
Kalamazoo County staff provided an update on the EPA Community Change Grant on Oct. 21, describing the legal and programmatic status after a summer of grant‑termination actions affecting multiple grantees nationwide.
Summary of the legal status
- Litigation is active. The county and partners joined litigation contesting the federal agency’s termination decisions; the case moved to an appeals process following an initial dismissal on jurisdictional grounds tied to a Supreme Court decision concerning federal grant litigation pathways. The appeals process is pending.
Program status and incurred costs
- The grant was last reimbursed in full in May 2025; since then the county incurred $172,855 in costs for operations tied to the program’s two subcontracts that remained active into the summer. The administration terminated one subcontract (30‑day notice) in August when the litigation remained unresolved and substantial fourth‑quarter, construction‑ and contract‑driven costs were expected.
- The statutory program partner, Kalamazoo Climate Crisis Coalition, received a state technical assistance grant for $229,000 to support staff capacity; those funds are expected to cover operations into early 2026.
Program delivery activities
- The statutory partner continued outreach and education and reported more than 450 community contacts at events, two workforce‑development trainings (about 25 trainees), and distribution plans for 150 air filters and no‑cost energy audits for eligible participants.
Legal options discussed
- County counsel and pro‑bono attorneys pursued jurisdictional appeal. If necessary, claims for contract breach potentially could be brought in the U.S. Court of Federal Claims; counsel noted the statute allows such claims within a multi‑year window.
Why this matters
Commissioners were told program activities continue in a limited way and the county believes incurred costs are allowable under the original grant agreement and should be reimbursable if the litigation succeeds. Administration stressed that preserving continuity for program partners and participants was a key objective while avoiding large, unrecoverable expenditures during litigation.
Speakers
- Taylor (sustainability coordinator) — provided program and litigation update to the board. - County Administrator Kevin Catlin and county counsel participated in explanations and next‑steps.
Next steps
- Administration will continue to file required quarterly reports to the EPA describing the paused fourth‑quarter milestones and will coordinate with pro‑bono counsel on the appeals timeline and any potential claims in the Court of Federal Claims if appeals do not favor rehearing.
Speakers (attributed)
- Taylor — Sustainability coordinator and program lead (presented the program update and litigation status) - County Administrator Kevin Catlin — responded on administrative implications
