City of Fort Smith denies city boss exceeded authority with EPA grant program

The City of Fort Smith and City Administrator Carl Geffken filed an answer to a lawsuit brought against the city regarding the city’s Climate Pollution Reduction Grant program, denying all allegations alleged in the lawsuit.

Joey McCutchen and Stephen Napurano, representing Fort Smith resident Brian Westney, filed a lawsuit in the Sebastian County Circuit Court against the city and Geffken, claiming Geffken exceeded his authority by unilaterally binding the city to substantial financial obligations related to the Climate Pollution Reduction Grant (CPRG) program, without the necessary approval from the Fort Smith Board of Directors.

The CPRG program, administered by the federal Environmental Protection Agency, provides nearly $5 billion in grants to states, local governments, tribes, and territories to develop and implement ambitious plans for reducing greenhouse gas emissions and other harmful air pollution, the CPRG website states.

The lawsuit states that the grant imposes a wide array of burdensome obligations on participating entities.

“These obligations extend far beyond environmental concerns and come with significant strings attached,” a news release on the lawsuit, which was filed Oct. 3, states.

In July 2024, the EPA announced a total award of $99,999,999 to the Tri-Region Arkansas Coalition, of which $14.5 million was allocated specifically to the City of Fort Smith.

“The lawsuit centers on the two Memoranda of Agreement (MOAs) that (Geffken) entered into without the approval of the Fort Smith Board of Directors in connection with the (CPRG) program. Geffken exceeded his authority by executing Memoranda of Agreement (MOAs) with the Arkansas Department of Energy and Environment, Division of Environmental Quality, and Metroplan. These agreements impose significant obligations on the City concerning environmental planning, including the development of a Priority Action Plan and a Comprehensive Action Plan,” according to a statement from McCutchen.

The lawsuit seeks a declaratory judgment affirming that Geffken exceeded the scope of his authority by signing the agreements, rendering them void. It also asks that the court rule that the city is unable to accept any grant funding associated with the program.

The answer to the lawsuit, filed Nov. 5, denies allegations that Geffken’s actions were unauthorized or that he bound the city to any commitments. The defendants stated that any obligations regarding use of funds within the July 23 MOA – referred to in the lawsuit – are not applicable unless and until the board of directors approved and appropriated the use of funds under the CPRG program, the answer states.

The board of directors passed an ordinance Sept. 17 approving a project to construct a solar array at a public housing facility in Fort Smith, which will be funded by money from the EPA program.

The answer also denies that an MOA committed the city to any financial obligation until the board approved any actions. The answer asked that the complaint be dismissed.