U.S. Senators Martin Heinrich (D-N.M.) and Patty Murray (D-Wash.) have raised concerns over the Department of Energy's (DOE) recent decision to redirect nearly $625 million in congressionally-appropriated funds intended for clean energy and carbon capture projects to support coal-fired power plants. The senators sent a letter to DOE criticizing this move, which they argue goes against congressional intent and could negatively affect rural communities while increasing electricity costs.
The redirected funds were originally set aside under the Bipartisan Infrastructure Law to advance clean energy initiatives, decarbonization, and improve energy infrastructure in rural areas. Instead, the DOE has announced funding opportunities that channel significant resources into recommissioning, retrofitting, or modernizing coal plants—efforts that critics say may delay or avoid requirements for immediate installation of carbon capture technology.
Heinrich and Murray expressed their objections by stating: “This policy will not only cause more pollution in communities nationwide while harming public health and the environment, it will also raise energy costs at a time when the American people are already feeling the pinch with record high energy bills.”
They emphasized that these actions appear to defy both statutory requirements and congressional intent. According to their letter: “Those funds were intended to improve rural energy resilience and reliability, while also protecting rural areas from the adverse environmental impacts of electric generation—a requirement enshrined in statute...The president cannot substitute his policy preferences for requirements in law, and that includes refusing to spend funds Congress requires the president to spend and steering those investments to unfunded priorities.”
The senators questioned DOE’s legal authority for this reallocation of resources. They requested detailed explanations about how moving money from carbon capture programs aligns with federal statutes cited by DOE as justification. They also sought clarification on how future installations of Carbon Capture Utilization and Storage (CCUS) would be ensured at funded coal facilities.
Additionally, they called for documentation regarding internal decision-making processes behind these funding changes, including memos from Deputy Secretary James Danly who claimed there was "clear statutory authority" for repurposing these funds.
Heinrich and Murray concluded their correspondence by demanding responses from DOE on its legal standing for these decisions by February 25, 2026.
