New Jersey Attorney General Matthew J. Platkin and 22 other plaintiffs are suing the U.S. Environmental Protection Agency (EPA) and EPA Administrator Lee Zeldin for illegally ending a $7 billion program that lowers energy costs and pollution by bringing solar energy to more than 900,000 households in low-income and disadvantaged communities across the country.
“The Trump Administration’s anti-environmental agenda is not only extreme and harmful, but also completely lawless,” said Attorney General Platkin. “The President and his appointees cannot simply eliminate Congressionally-authorized programs on a whim. The Solar for All program was set to bring community solar projects that would help reduce the cost of energy for New Jerseyans most in need, until President Trump and his lackey EPA Administrator Lee Zeldin illegally terminated billions of dollars in mandatory funding under the Inflation Reduction Act. We are taking the Administration to court, and we will win.”
“We applaud Attorney General Platkin for standing up for New Jersey’s working families and joining other states to fight the Trump Administration’s reckless decision to terminate the Solar for All program,” said New Jersey League of Conservation Voters Executive Director Ed Potosnak. “New Jersey was awarded over $156 million to expand access to solar energy and lower bills for low-income and disadvantaged households. Solar is now the cheapest form of energy available, the fastest energy to get built, and the heathiest—and at a time when utility bills are rising and families are struggling to pay their bills, ending this program raising electricity prices further is literally taking money out of families’ pockets. Every New Jerseyan deserves access to affordable, clean power that lowers bills, improves health, and protects our shared future.”
Congress created the Solar for All program in 2022 as part of the Inflation Reduction Act, directing EPA to make competitive grants to states and other entities to deploy solar projects in low-income and disadvantaged areas. EPA selected recipients and awarded all of the program funds to plaintiff states and other grant recipients by August 2024. New Jersey and the other plaintiffs moved forward with planning projects and working with stakeholders to develop their solar programs.
But EPA abruptly and unlawfully terminated the program two months ago and clawed back the vast majority of the money already awarded. That has left New Jersey and the other plaintiffs without access to the funds to proceed with their solar programs, after the states spent significant time planning and launching programs and committing state funds.
When President Trump took office this past January, he prioritized fossil fuel extraction to address an alleged “energy emergency” while arbitrarily excluding solar power as a resource that can be tapped to meet the country’s energy needs. In July, Congress passed the president’s “One Big Beautiful Bill Act,” rescinding funds for the Solar for All program that were unobligated as of July 3. The effect of that move was small, given that EPA had obligated all of the $7 billion for the program nearly a year earlier.
But instead of following that newly passed law, EPA and Zeldin illegally terminated the entire program on August 7 in violation of federal law. On social media, Zeldin made baseless accusations, calling Solar for All a “boondoggle.” The agency then sent memos to all recipients, including the plaintiffs, saying EPA no longer has a “statutory basis or dedicated funding” for the program, even though Congress never directed EPA to cancel funds that had already been awarded. In fact, Congress did the opposite by only rescinding unobligated funds for Solar for All.
Attorney General Platkin and a multistate coalition are filing a lawsuit today in the U.S. District Court for the Western District of Washington, alleging, among other things, that the EPA violated the Administrative Procedure Act and the U.S. Constitution’s Separation of Powers Doctrine in unlawfully canceling the program. New Jersey and 23 other grant recipients also filed suit yesterday in the U.S. Court of Federal Claims. In that complaint, the states and other entities argue the EPA breached the clear terms of the agreements and violated the duty of good faith and fair dealing in canceling their Solar for All grants. They’re asking the court to award the plaintiffs money damages, interest, and fees.
In the Western District of Washington suit, the attorneys general of Arizona, Minnesota, and Washington are leading the complaint, which was joined by the attorneys general of California, Colorado, Connecticut, District of Columbia, Hawai’i, Illinois, Massachusetts, Maine, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Vermont. Also joining the complaint are the governors of Kentucky and Pennsylvania, as well as the Wisconsin Economic Development Corporation.
In the Court of Federal Claims suit, the attorneys general of Maryland and Arizona are leading the complaint, which was also joined by the attorneys general in California, Colorado, Connecticut, Hawai’i, Illinois, Massachusetts, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. Also joining the complaint are the governors of Kentucky and Pennsylvania, as well as the Wisconsin Economic Development Corporation.
