Members of Congress File Amicus Brief Supporting Motion to Vacate EPA’s Unlawful Cancellation of Solar for All Grants
A coalition of Members of Congress has filed an amicus brief urging a federal court to vacate the Environmental Protection Agency’s abrupt termination of the Solar for All grant program in August 2025. The brief argues that EPA’s action unlawfully nullifies programs created by Congress, bypasses Congress’s appropriations authority, and threatens critical clean-energy benefits promised to low-income and disadvantaged communities.
In October 2025, Washington and 22 other plaintiffs sued the EPA and EPA Administrator Lee Zeldin for ending the $7 billion Solar for All program, which was designed to lower energy costs and reduce pollution by expanding access to solar power for more than 900,000 households in low-income and disadvantaged communities nationwide.
In their filing, the Members emphasize that Congress exercised its constitutional authority when it appropriated funding for Solar for All. They argue that the One Big Beautiful Bill Act rescinded only funds that had not yet been obligated and repealed the Greenhouse Gas Reduction Fund going forward. Because EPA had already obligated the full Solar for All allocation before the OBBBA’s enactment, the Members contend the agency lacked authority to terminate the program and cancel those grants.
Allowing an agency to erase obligations the agency has already incurred, the brief argues, would undermine the Appropriations Clause and the Spending Clause and shift the power of the purse away from the people’s elected representatives to the executive branch.
“President Trump’s EPA illegally pulled the plug on Solar for All – a program Congress established and appropriated funds for – to protect the interests of the polluting megadonors who put him in office,” said Senator Whitehouse, who co-led the amicus filing. “Solar power is one of the fastest, cheapest ways to meet rising electricity demand. Trump’s attacks on clean energy betray American families whose utility bills are going through the roof as a result.”
The Members’ brief also highlights the real-world consequences of EPA’s decision. Solar for All was designed to lower energy costs and reduce pollution for hundreds of thousands of households in underserved communities. The abrupt cancellation of the program after funds had already been committed jeopardizes ongoing projects, disrupts local planning and investment, and undermines the trust of communities and partners that relied on federal commitments to deploy clean-energy solutions.
“Congress appropriated funds to deliver tangible clean‑energy benefits to families who need relief from high utility bills,” said Vanessa Waldref of Singleton Schreiber, representing the Members of Congress. “Solar for All delivers real savings and cleaner air to low‑income households, and the communities that relied on these promised investments deserve protection.”
The amicus brief supports a motion for summary judgment filed by plaintiffs the States of Washington, Arizona, Minnesota, California, Colorado, Connecticut, the District of Columbia, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and the Governors of Kentucky and Pennsylvania and the Wisconsin Economic Development Corporation.
The Members of Congress ask the court to vacate EPA’s terminations, reaffirm that the OBBBA rescinded only unobligated funds, and make clear that agencies cannot use post-hoc rationales to undo obligations Congress has already established. A ruling for the plaintiffs would reinforce the separation of powers, preserve the integrity of federal grant agreements, and safeguard the clean-energy benefits Congress intended for vulnerable communities.
About Singleton Schreiber
Singleton Schreiber is a client-centered law firm focusing in civil rights, environmental justice, mass torts/multi-district litigation, and personal injury/wrongful death. With a deep commitment to serving communities that have been marginalized and harmed, the firm has spent over a decade fighting for justice and holding powerful corporations accountable. Singleton Schreiber is also a leader in environmental litigation, advocating for those impacted by corporate negligence and environmental disasters.
