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Attorney General Nessel Joins Challenge to EPA’s Attacks on Affordable Clean Energy for Low-Income Households

LANSING – Michigan Attorney General Dana Nessel and 22 other state plaintiffs are suing the U.S. Environmental Protection Agency (EPA) and EPA Administrator Lee Zeldin for illegally ending a $7 billion program (PDF) 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 State of Michigan and 23 other grant recipients also filed suit in the U.S. Court of Federal Claims to recover damages (PDF) for the EPA’s unlawful breach of the grant agreements that were executed under this program. 

Congress created the Solar for All program in 2022 as part of the Inflation Reduction Act, directing the EPA to make competitive grants to states and other entities to deploy solar projects in low-income and disadvantaged areas. The EPA selected recipients and awarded all of the program funds to plaintiff states and other grant recipients by August 2024. Michigan and the other plaintiffs moved forward with planning projects and working with stakeholders to develop their solar programs, but the EPA abruptly and unlawfully terminated the program two months ago and clawed back the vast majority of the money already awarded. That has left Michigan 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.  

In 2024, Michigan’s Solar for All program was awarded approximately $156 million by the EPA. The Michigan Department of Environment, Great Lakes, and Energy selected and announced 13 pilot projects across the state to begin implementing Solar for All-funded initiatives, with a second round of grantees planned for 2025. The loss of $156 million in federal funding has halted these projects and denied disadvantaged communities across Michigan the benefits the program was designed to deliver.  

“The Trump Administration’s decision to illegally rescind congressionally approved grants – funds that were already being put to work in our communities – is unlawful and deeply harmful to residents across Michigan and the country,” Nessel said. “We’ve seen this playbook from the White House before. The administration has tried to pull the same stunt by canceling congressionally mandated programs, and we stopped them then. We plan to do the same now to ensure the Trump Administration cannot unlawfully strip away these important investments that lower energy costs and make clean energy more accessible to Michigan families.” 

“I applaud Attorney General Nessel for standing up for Michigan families and challenging the EPA’s decision to revoke funding for the MI Solar for All program. This program is a critical investment in our state’s energy future — lowering costs for low-income households, creating good-paying local jobs, and helping us achieve greater energy independence,” said Michigan Department of Environment, Great Lakes, and Energy Director Phil Roos. “It would expand access to clean, affordable solar energy while supporting Michigan’s economy and American manufacturing. We remain committed to fighting for this program and the thousands of Michiganders it would benefit.”    

Attorney General Nessel and a multistate coalition alleged in the lawsuit filed in U.S. District Court for the Western District of Washington, 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.  

Attorney General Nessel was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia in filing this complaint. Also joining the complaint are the governors of Kentucky and Pennsylvania, as well as the Wisconsin Economic Development Corporation. 

Separately, Attorney General Nessel joined a related lawsuit that was filed 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 with states and other grantees and violated the duty of good faith and fair dealing in canceling their Solar for All grants. The plaintiff states seek money damages, interest, and fees.  

Attorney General Nessel was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia in filing this complaint. Also joining the complaint are the governors of Kentucky and Pennsylvania, as well as the Wisconsin Economic Development Corporation. 

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