Power Forward Communities, Inc. v. Citibank, N.A.
Case Overview
Climate United sued Citibank and the EPA over Citibank's refusal to disburse the National Clean Investment Fund contractually obligated to Climate United due to pressure from the federal government. This case was consolidated with similar suits brought by Power Forward Communities, California, Maine, Illinois, and Minnesota state green banks, and the Justice Climate Fund.
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The Application
Citibank withheld disbursement of funds owed to Climate United and other green banks following a federal executive order freezing financial assistance. Plaintiffs contend this constitutes breach; Citibank asserts it was bound by the federal directive. The central dispute is whether the executive freeze validly compelled non-performance or whether contract law permits recovery despite government pressure.
The Conclusion
Litigation is ongoing in the D.C. District Court under Judge Chutkan. Resolution depends on whether the federal freeze was within executive authority and whether it legally excused Citibank's contractual performance obligations.
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