Governor Files Lawsuit Challenging Trump Administration’s Unconstitutional Federal Funding Freeze

By: Steve Ulrich. February 13, 2025

In response to the actions of the Trump Administration to freeze federal funding, Gov. Josh Shapiro has taken legal action to restore Pennsylvania’s access to the funds.

The governor, along with several Pennsylvania executive agencies, filed a lawsuit in the U.S. District Court for the Eastern District of Pennsylvania that seeks relief from the feds’ “flagrantly lawless actions.”

“The federal government has entered into a contract with the Commonwealth of Pennsylvania, promising to provide billions of dollars in Congressionally-approved funding that we have committed to serious needs – like protecting public health, cutting energy costs, providing safe, clean drinking water, and creating jobs in rural communities,” said Shapiro.

“With this funding freeze, the Trump Administration is breaking that contract – and it’s my job as Governor to protect Pennsylvania’s interests. Over the past two weeks, my team and I have engaged with our Congressional delegation to try to restore access to all the federal funding Pennsylvania has been promised under law – but despite those efforts, state agencies remain unable to draw down these critical dollars. While multiple federal judges have ordered the Trump Administration to unfreeze this funding, access has not been restored, leaving my Administration with no choice but to pursue legal action to protect the interests of the Commonwealth and its residents.”

A press release noted that even after multiple court orders to release the federal funds and Governor Shapiro’s engagement with Pennsylvania’s federal representatives — state agencies still remain entirely unable to access $1.2 billion in federal funding, with an additional $900 million requiring an undefined review by federal agencies before it can be drawn down.

The lawsuit includes examples of how the federal funding freeze is affecting the Commonwealth, including:

  • one current federal grant program provides Pennsylvania’s Department of Environmental Protection (PaDEP) more than $3 billion over 15 years to meet the multi-billion dollar need to repair abandoned mine lands (meaning former sites of ore and mineral mining) throughout Pennsylvania and the waterways impacted by those former mine sites.
  • PaDEP also currently has about $76 million of federal funding available to plug abandoned oil and gas wells, which are both a significant source of greenhouse gas emissions and possible sources of gas migrations that can cause explosions. That funding will allow the Commonwealth to plug over 500 abandoned wells.
  • Two more grant programs allocate about $126 million each to Pennsylvania for programs that will allow up to 28,000 low-income households to perform work on their homes that will lower their utility bills.

Since January 27, 2025, when the directive came from the White House Office of Management and Budget (OMB), Pennsylvania has been restricted from accessing funding for grant programs that obligated over $3.1 billion to the Keystone State for fiscal years 2022 to 2026. The Commonwealth and its agencies also have over $2.,5 billion remaining under grant programs that are now suspended or for which reimbursement of authorized expenses now required some federal agency review.

“Federal investments to help families lower their utility bills through energy efficiency improvements, begin plugging the thousands of abandoned gas wells leaking dangerous chemicals into the air and water, make improvements to deliver safe and clean drinking water, and close up dangerous mine shafts and clean up abandoned mine lands, have all been stopped,” said Katie Blume of Conservation Voters of PA and chair of The Clean Power PA coalition.

She thanked the governor for his involvement and noted that “Pennsylvania’s elected representatives in Congress must also join the fight by demanding that the Trump Administration not pull the plug on Pennsylvania jobs, protections for Pennsylvania workers, and energy savings for Pennsylvania families.”

Senate Minority Leader Jay Costa (D-Allegheny) also is backing Shapiro in his actions.

“I am proud to support Governor Shapiro in his fight to demand what is constitutionally ours from an overreaching federal executive,” said Costa. “My offices have been inundated with calls from constituents who are concerned, confused, and scared that the programs that keep their heat on and their homes livable will be taken away at a moment’s notice. I look forward to supporting his efforts to deliver the funding that is rightfully, constitutionally, Pennsylvania’s.”

Shapiro notes that the U.S. Constitution clearly states that federal agencies do not have the power to suspend states’ access to money that Congress appropriated or to impose new conditions on money already appropriated and obligated.

The Pennsylvania House Democratic Leadership also offered a statement of support for the governor’s move.

“Federal funding is vital to ensuring that Pennsylvania has the resources needed to continue critical work. The fact that we still don’t have access to $2.1 billion in congressionally appropriated funds is unconstitutional, unacceptable and immoral.

“We strongly support Governor Shapiro’s action to protect Pennsylvanians, support communities and cut costs by challenging this funding freeze. Blocking these critical funds is an unacceptable attack on Pennsylvania families, communities and economic stability. These funds were legally approved by Congress and are crucial to supporting working families, rural communities and public safety initiatives across the commonwealth.”

 

Pa. governor files lawsuit challenging Trump’s federal funding freeze | Political | kpvi.com

Shapiro lawsuit challenges Trump administration funding freeze, calls it unconstitutional