City of Wheeling v. United States

OPINION

ROBINSON, Judge.

This action is before the Court on cross-motions for summary judgment pursuant to RUSCC 56. Plaintiff, City of Wheeling, West Virginia (Wheeling), alleges that the United States Environmental Protection Agency (EPA) abused its discretion by refusing to award additional grant funds in the amount of $275,000 to Wheeling. In the alternative, plaintiff asserts that defendant’s motion for summary judgment should be denied, and plaintiff should be given the opportunity for factual development of its due process claims.

Defendant counters that plaintiff’s failure to observe the…