This amicus brief was filed in the U.S. District Court for District of Columbia on behalf of 84 members of Congress in support of Harris County, Texas’ challenge to EPA’s unauthorized, wholesale termination of $7 billion of already-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 September 22, 2026, the Court (Judge Chutkan) ruled in favor of Plaintiffs. Judge Chutkan based her rationale in part on arguments made in this amicus brief. Specifically, Judge Chutkan concluded that the OBBBA rescinded only unobligated funds, citing much of the same OBBBA legislative history cited in this brief for same argument.
The organization filed a similar brief on behalf of 49 Members of Congress in Arizona v. EPA, No. 25-2015 (W.D. Wash. Mar. 6, 2026), a challenge to the termination of the same Solar for All grant program brought by states in the U.S. District Court for the Western District of Washington.
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.