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