U.S. District Judge Timothy Kelly ruled on Monday that he will not force FEMA to distribute funds meant to reimburse broadcasting stations.
Corporation for Public Broadcasting sued FEMA claiming that the organization has unlawfully withheld almost $2 million in grant money that was meant to help them revamp the national alert system. The filing claims that the lack of funding will hinder the ability of the federal, state and local governments to efficiently issue alerts.
Kelly “denied a request for a court order and ruled that the CPB failed to carry its legal burden for showing how it has been irreparably harmed,” The Hill reported. “The corporation hasn’t demonstrated that the alert system will stop working if the grant funding doesn’t start flowing right away, Kelly concluded as he rejected the CPB’s request for a temporary restraining order.”
“This circuit has set a high standard for irreparable injury,” the judge said. “I don’t think CPB has satisfied that high standard on the record here.”
The organization is further claiming that the grant money being denied also “prevents it from submitting requests for reimbursement.” The funds “help pay for public media stations to upgrade their emergency alerting equipment.”
Trump administration lawyers, however, claim that none of the funding is being withheld.
“Rather, the Agency has modified its process for the review of payment requests — a process that is consistent with its authority to protect the public fisc and ensure grant programs are free from waste, fraud, and abuse,” they wrote in their response.
But CPBs lawyers claim there is no evidence of such waste.
“For close to three years, FEMA has been intimately involved every step of the way in terms of the specific sites receiving new emergency broadcast equipment, creating a FEMA pre-approved equipment list, receiving monthly and quarterly reports on the expenses incurred and the progress of the grant.”
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