U.S. Senators Sheldon Whitehouse (D-RI), Bernie Sanders (I-VT), and Jeff Merkley (D-OR), along with Representatives Lizzie Fletcher (D-TX-07) and Emanuel Cleaver, II (D-MO-05), led 84 Members of Congress in submitting an amicus brief to the United States District Court for the District of Columbia. The brief was filed in Harris County, Texas v. U.S. Environmental Protection Agency et al., urging the court to restore funding for the Solar for All program that had been terminated by the Environmental Protection Agency (EPA).
The Solar for All program is part of the Greenhouse Gas Reduction Fund (GGRF) and was designed to provide $7 billion to states, territories, Tribal governments, municipalities, and nonprofit organizations across all 50 states. Its goal is to lower household energy bills by expanding access to affordable solar energy.
Lawmakers argue that EPA’s termination of this funding violated statutory requirements. “EPA has given no reason why its unlawful actions to unwind Congressional appropriations should stand,” wrote the lawmakers.
They also contend that EPA's attempt to justify terminating GGRF programs lacks support: “EPA has provided ‘shifting, post-hoc, and unsupported allegations’ to justify its termination of the GGRF programs, including Solar for All. EPA now seeks to avoid accountability for its unlawful cancellation of the Solar for All program, in violation of the plain text of the OBBBA and explicit Congressional intent.”
The amicus brief argues that if EPA’s action is found unlawful, restoring funding does not require issuing new grants: “The Court need not reach the question of whether EPA has authority to issue replacement grants; that question is a red herring. If this Court finds EPA’s termination unlawful, it can vacate that termination.”
According to Congress members behind the filing, EPA incorrectly claimed that recent legislation allowed it to cancel fully obligated Solar for All funding. They wrote: “Congress could not have made clearer its intention to leave the already-obligated Solar for All grants untouched, as evident in the statutory text and in contemporaneous statements. EPA nonetheless cancelled the Solar for All grants, claiming that the OBBBA justified that termination. In a mind-bending display of circular reasoning, EPA now argues that...the OBBBA renders its cancellation...unreviewable."
Supporting their position, they cited non-partisan analysis from the Congressional Budget Office (CBO). According to CBO scoring referenced by lawmakers: "CBO scored the provision as saving $19 million of the $30 million in funding set aside from GGRF grant programs...If OBBBA had authorized EPA to claw back GGRF money...already obligated…the budget score would have reflected savings of another $27 billion…CBO further confirmed that repeal…did not create any additional savings.”
During House proceedings on related legislation then-Chair Morgan Griffith stated: “‘I just want to point out that these provisions...only apply as far...to unobligated balances. So if a grant was already given…then that would still be going forward…[W]e can’t rescind expenditures that have already been obligated.’”
Previously Senators Whitehouse, Chris Van Hollen (D-MD), Ed Markey (D-MA) and Representative Debbie Dingell (D-MI-06) led a similar effort challenging attempts by EPA regarding other GGRF-related programs.
Among those signing onto this latest brief were Senators Richard Blumenthal (D-CT), Cory Booker (D-NJ), Mazie K. Hirono (D-HI), Ed Markey (D-MA), Chris Van Hollen (D-MD) and numerous House Democrats.
The Senate Environment and Public Works Committee oversees federal environmental quality programs and influences national policy on regulations affecting natural resources and infrastructure across the United States. It conducts hearings at its base in Senate Dirksen Office Building and works through subcommittees on issues like clean air and water resources [source].
