Red Fire Farm joins lawsuit opposing federal fund freeze

Montague’s Red Fire Farm has joined a federal lawsuit demanding the government lift the “unlawful and indefinite freeze of congressional appropriated funds,” according to documents filed Thursday in U.S. District Court for the District of Columbia.

Montague’s Red Fire Farm has joined a federal lawsuit demanding the government lift the “unlawful and indefinite freeze of congressional appropriated funds,” according to documents filed Thursday in U.S. District Court for the District of Columbia. STAFF FILE PHOTO/PAUL FRANZ

By CHRIS LARABEE

Staff Writer

Published: 03-14-2025 4:59 PM

WASHINGTON — As federal dollars continue to be frozen for projects across the nation, a Pioneer Valley farm has joined a federal lawsuit demanding the government lift the “unlawful and indefinite freeze of congressional appropriated funds,” according to documents filed Thursday in U.S. District Court for the District of Columbia.

The lawsuit, filed by nonprofit environmental law organization Earthjustice on behalf of Red Fire Farm, which has locations in Montague and Granby, and seven other farms across the United States, targets the federal government’s freeze of grants and reimbursements following President Donald Trump’s Unleashing American Energy executive order directing agencies to “immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022.”

Defendants in the suit include the president, the U.S. Department of Agriculture and Secretary of Agriculture Brooke Rollins, and the Office of Management and Budget and Director Russell Vought.

Earthjustice attorney Hana Vizcarra is arguing the executive order and subsequent freezing of funds is unlawful, violates the U.S. Constitution and, if it continues, could cause these farms to suffer “irreparable injury” if the previously obligated funds are not released. The plaintiffs also argue the order violates the Take Care Clause in the Constitution, which requires a president to uphold laws passed by Congress; the Administrative Procedure Act, which governs how federal agencies develop and issue regulations; and the Congressional Budget and Impoundment Control Act of 1974.

“The Unleashing American Energy Executive Order exceeds presidential authority and usurps legislative authority, conferred by the Constitution on Congress, in violation of the separation of powers,” Vizcarra wrote. “A directive from the president to align spending with policy preferences and half the expenditure of funds appropriated under the [Inflation Reduction Act] does not provide a reasoned basis for an immediate, categorical and indefinite funding freeze and fails to consider reliance interests.”

The plaintiffs, led by Maryland-based Butterbee Farm, are requesting the court declare Section 7 of Trump’s executive order, titled “Terminating the Green New Deal,” to be unconstitutional; vacate USDA’s and OMB’s actions that froze Inflation Reduction Act funds; prevent any future freezing of funds; and immediately reimburse funds that have been spent. The case has been assigned to Judge Rudolph Contreras, who was appointed by President Barack Obama in 2012.

In the farmers’ complaint, Vizcarra said each plaintiff’s reimbursement and advance requests were “regularly processed and paid in accordance with the terms of their agreement, generally within days of submittal,” prior to Jan. 20.

On Jan. 27, the Office of Management and Budget directed departments to “temporarily pause all activities related to obligation or disbursement of all federal financial assistance,” but rescinded that memorandum on Jan. 29. The White House and Press Secretary Karoline Leavitt, however, stated the same day that it is “not a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. … The president’s [executive orders] on federal funding remain in full force and effect, and will be rigorously implemented.”

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“Even after OMB rescinded its memorandum, USDA continued to withhold plaintiffs’ funds, and USDA explicitly linked its actions to the directive in the executive order,” Viscarra wrote, pointing to USDA communications to farmers, including a Feb. 11 email to Red Fire Farm.

“USDA leaders have been directed to assess whether grants, loans, contracts and other disbursements align with the new administration’s policies. Once Brooke Rollins is confirmed — hopefully later this week — she will have the opportunity to review the programs and work with the White House to make determinations as quickly as possible,” the email to Red Fire Farm, which was filed in federal court, reads. “In the meantime, USDA appreciates farmers’ patience and recognizes the vital role the agricultural community plays in strengthening and sustaining our nation. We understand that uncertainty can be challenging, especially for those already navigating the unpredictable forces of nature.”

Locally, Red Fire Farm previously received two grants through programs under the USDA umbrella over the last several years and had signed contracts with the federal government. The first was a $23,641 contract with the Natural Resources Conservation Service for a soil health improvement project. Ryan Voiland, owner of Red Fire Farm, purchased compost and other materials needed for a 13-acre field that he expected to be reimbursed for until the funding freeze took effect.

Voiland’s farm was also awarded a $125,764 contract through the Rural Energy for America Program (REAP) to build a solar canopy at his Granby location in the spot where a farm store and barn burned down in February 2024. The farmer said he had planned to pair those federal grants with a Massachusetts Department of Agricultural Resources grant, but, at this point, he has lost his leverage and he may not be able to complete the project ahead of the state grant’s June deadline.

“For plaintiff Red Fire Farm, the delay in funding puts an additional state grant at risk that is partially funding its solar project,” Vizcarra wrote. “Plaintiffs would not have taken on these projects without the support of the USDA program.”

Summons have been issued, but future court proceedings have yet to be scheduled.

Chris Larabee can be reached at clarabee@recorder.com.