This amicus brief was filed in the U.S. District Court for the Western District of Washington on behalf of 49 Members of Congress in support of plaintiff states’ challenge to EPA’s unauthorized, wholesale termination of obligated Solar for All grants. The brief demonstrates that Congress did not authorize EPA to terminate obligated Solar for All grants and that EPA’s attempt to do so is an unconstitutional power grab. The brief explains that in passing the One Big Beautiful Bill Act (OBBBA), Congress did not sanction EPA’s termination decision, and that the proper remedy for EPA’s unlawful action was vacatur.

On June 1, 2026, the Court issued an unfavorable ruling, which the states have appealed. 

The organization filed a similar brief on behalf of 84 Members of Congress in Harris County v. EPA, No. ​25-3646 (D.D.C. Feb. 11, 2026), a challenge to the termination of the same Solar for All grant program brought by Harris County, Texas in the U.S. District Court for District of Columbia. 

This resource was commissioned by or produced by staff of the Center for Applied Environmental Law and Policy before the organization rebranded as Ridgeline Center for Law and Policy in 2026.

Categories: Brief
Tags: Administrative & Constitutional Law
Author: Alex St. Romain