GW Law Faculty Publications & Other Works

Document Type

Brief

Publication Date

2026

Status

Accepted

Abstract

This is an amicus brief in support of affirmance in EPA et al. v Green & Healthy Homes Initiative, Inc. et al., (D.C. Md. 1:25-cv-01096).  Amicus is interested in ensuring that contractors, grantees, and others who do business with the Government and/or participate in Government funded programs are treated fairly when pursuing their rights and remedies and also ensuring that public institutions (particularly the courts) appreciate and account for the many ways that Congressional mandates, public contracts, grants, cooperative agreements, and other funding mechanisms impact  the public's quality of life.

The brief asserts that the Government errs and does a disservice to the public interest in suggesting that any challenge relating to the termination of a federal grant or cooperative agreement is necessarily a garden-variety breach of contract claim that must be pigeon-holed within the cramped jurisdiction of the U.S. Court of Federal Claims.

The brief explains that: (1) federal (procurement) contracts and federal assistance agreements are distinct, fundamentally different governance tools and that different dispute resolution regimes apply to each; (2) the Court of Federal Claims' Tucker Act jurisdiction does not foreclose federal district court review of all matters related to federal assistance; and (3) that the long-familiar approach - determining the appropriate forum for each claim through the process of matter- and claim-specific consideration (Bowen, Megapulse) - makes good sense.

The brief was prepared by David Livshiz, Nathaniel Castellano, Jayna Rust, Catherine Katz & Miguel Serrano.

GW Paper Series

2026-38

Download

Included in

Law Commons

Share

COinS