Notice of Temporary Restraining Order
ID: Notice_of_Temporary_Restraining_Order_02-03-2025Type: Special Notice
Overview

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ENVIRONMENTAL PROTECTION AGENCYWashington, DC, 20460, US
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    Description

    The Environmental Protection Agency (EPA) has issued a Notice of Temporary Restraining Order affecting all EPA contractors, following a court ruling in the case of New York et al. v. Trump. This order addresses the recent suspension of federal financial assistance as outlined in OMB Memorandum M-25-13, which has been challenged by several states on the grounds of violating the Administrative Procedure Act and constitutional provisions. The court's decision emphasizes the importance of maintaining compliance with congressionally appropriated funds to prevent disruption of essential services, and contractors are advised to direct any inquiries regarding the implications of this order to their respective Contracting Officers. For further details, the court's ruling and the full memorandum are attached for reference.

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    The memorandum from Pamela D. Legare, Senior Procurement Executive at the EPA, addresses all EPA contractors regarding a Temporary Restraining Order dated January 31, 2025. This order is linked to the court case New York et al. v. Trump, which challenges a recent "pause" on certain federal financial assistance outlined in OMB Memorandum M-25-13, issued on January 27, 2025. The memo serves to inform contractors about the court's directive and includes a request for inquiries to be directed to their respective Contracting Officers for clarity on the order's implications. The attached documents detail the court’s ruling, emphasizing the need for awareness among contractors about the current legal circumstances affecting federal financial programs.
    The case filed by several U.S. states against the Trump administration involves a request for a Temporary Restraining Order (TRO) to halt the unilateral suspension of federal financial assistance by the Executive Branch. The states assert violations of the Administrative Procedure Act (APA) and various constitutional clauses, claiming that the Executive lacks the authority to pause funds appropriated by Congress without proper legislative procedure. They argue that such action would cause irreparable harm by undermining essential services and programs, such as emergency relief and healthcare for citizens. The Court evaluated four factors—likelihood of success on the merits, potential for irreparable injury, balance of equities, and public interest—concluding that the states were likely to succeed in their claims. Irreparable harm was underscored by the abrupt nature of the Executive’s actions, which threatened essential state functions. The TRO would ensure compliance with congressionally appropriated funds, preventing disruption of vital services. Despite the Executive's attempt to rescind the directive, evidence suggested ongoing enforcement of the funding pause. The Court ordered a TRO until further hearings to maintain the status quo and protect state interests against the Executive's unilateral funding restrictions.
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    Special Notice
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