WA sues federal agencies for illegally axing key clean energy programs

Federal agencies unlawfully terminated funding for congressionally mandated programs energy programs, including more than $27 million for the Pacific Northwest Hydrogen Hub, which aim to significantly reduce emissions driving climate change, Attorney General Nick Brown and 12 other attorneys general argued in a lawsuit filed today.

The lawsuit, filed in the U.S. District Court for the Northern District of California, challenges the decisions by the United States Department of Energy (DOE), Energy Secretary Chris Wright, the Office of Management and Budget (OMB), and OMB Director Russell Vought, to terminate billions of dollars in energy and infrastructure awards nationwide that were already approved by Congress. 

“This administration wants to sabotage all of the progress Washington has made in embracing renewable energy and addressing climate change,” Brown said. “We refuse to be dragged back to the days of runaway pollution in flagrant violation of the law.”

On his first day in office, President Trump issued executive orders declaring a bogus “national energy emergency” and ordering federal agencies to take action to terminate the “Green New Deal.” To carry out this directive, the DOE compiled a “hit list” of awards worth billions of dollars, preparing to terminate them to further the administration’s illegal objective of eliminating energy and infrastructure programs created under Congress’s authority in laws such as the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act.  

In May, DOE issued a policy memorandum declaring it would subject already funded projects to a vague and opaque “review” process. In truth, DOE was merely providing cover for its unlawful elimination of clean energy projects already on the “kill list.” As a government shutdown loomed in late September 2025, the president told reporters he could “do things during the shutdown that are irreversible” to attack Democrats, including “cutting programs that they like.” 

The next day, Vought posted on X that DOE would terminate nearly $8 billion in “Green New Scam” funding to fuel ‘the Left’s climate agenda.’” The post listed 16 Democratic-leaning states, including Washington, where projects would be defunded. DOE announced the cuts the next day, citing the agency’s May 2025 policy memorandum. 

On Oct. 1, without giving any specific reasons, DOE terminated all funding for the Pacific Northwest Hydrogen Hub, which aimed to create a clean hydrogen economy in partnership with labor, tribal nations, and public and private sectors to improve the lives and futures of people throughout the region. The Hub aimed to reduce climate change causing emissions by 1.7 million metric tons per year – roughly equal to annual emissions of 400,000 gasoline-powered cars. In 2024, DOE awarded the Hub an initial $27.5 million and promised up to $1 billion to achieve the Hub’s pioneering goals. The Washington State Legislature approved a $20 million to provide direct funding to the Hub, which is led by a nonprofit entity, and the State has already spent $15 million that cannot be recouped. 

Without federal funding, this important project that promises to create thousands of quality jobs and help Washington meet its ambitious climate goal will not be able to move forward.

DOE also targeted Washington State University, terminating four awards and millions of dollars. The funded projects would develop concrete that uses much less carbon without reducing its strength or durability and improve grid reliability and resilience, among other things. Again, DOE terminated all four projects without giving any specific reasons. 

The complaint filed today alleges that the Trump administration’s unlawful decision to eliminate energy programs violates the fundamental separation of powers principles in the U.S. Constitution and the Administrative Procedure Act. Congress created these programs by statute, and federal agencies have a duty to faithfully execute those statutes. The coalition asks the court to declare that the agencies’ actions unlawful and to permanently stop them from interfering with these programs. 

Brown co-led the lawsuit with California Attorney General Rob Bonta and Colorado Attorney General Phil Weiser. The attorneys general of Connecticut, Illinois, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, and Wisconsin also joined the lawsuit, as did the California Governor’s Office of Business and Economic Development.

A copy of the complaint is available here.

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