Climate United Fund v. Citibank, N.A.
U.S. Court of Appeals for the D.C. Circuit
Climate United Fund v. Citibank, N.A.
Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 25-5122 September Term, 2024
1:25-cv-00698-TSC
Filed On: April 16, 2025
Climate United Fund, et al.,
Appellees
v.
Citibank, N.A.,
Appellee
Environmental Protection Agency and Lee M.
Zeldin, in his official capacity as
Administrator, United States Environmental
Protection Agency,
Appellants
BEFORE: Pillard, Katsas, and Rao*, Circuit Judges
ORDER
Upon consideration of the emergency motion for stay pending appeal, which
includes a request for an immediate administrative stay, it is
ORDERED that the district court’s April 15, 2025, order granting a preliminary
injunction be administratively stayed in part, pending further order of the court. The
district court’s order is stayed insofar as it (1) enables or requires Citibank to release,
* Circuit Judge Rao would administratively stay the district court's order in full, at least
until the district court issues its opinion. Injunctive relief is “an extraordinary remedy that
may only be awarded upon a clear showing that the plaintiff is entitled to such relief.”
Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). A preliminary injunction
entered without reasoning does not meet that standard.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 25-5122 September Term, 2024
disburse, transfer, otherwise move, or allow access to funds and (2) requires
defendants to file a status report with the district court within 24 hours of the entry of the
preliminary injunction. It is further
ORDERED that no party take any action, directly or indirectly, with regard to the
disputed contracts, grants, awards or funds.
The purpose of this order is to give the court sufficient opportunity to consider the
district court’s forthcoming opinion in support of its order granting a preliminary
injunction together with the emergency motion for stay pending appeal and any
response thereto, and should not be construed in any way as a ruling on the merits of
that motion. See D.C. Circuit Handbook of Practice and Internal Procedures 33 (2024).
A separate order setting deadlines for responses to, and a reply in support of, the
emergency motion for stay pending appeal will be issued at a later time.
Per Curiam
FOR THE COURT:
Clifton B. Cislak, Clerk
BY: /s/
Scott H. Atchue
Deputy Clerk
Page 2
Reference
- Status
- Published