Attorney General Bonta Secures Decision Allowing Lawsuit Against U.S. Department of Energy to Proceed

OAKLAND — California Attorney General Rob Bonta today released a statement following the U.S. District Court for the Northern District of California’s decision to deny the Trump Administration's motion to dismiss California’s legal claims challenging the U.S. Department of Energy’s unlawful policy of eliminating congressionally-approved energy and infrastructure programs. 
 
“We’re very pleased with the Court’s decision. The Trump Administration’s illegal actions threatened over 200,000 good-paying jobs, development of affordable clean energy, and billions of dollars in health savings,” said California Attorney General Rob Bonta. “California will continue to hold the Trump Administration accountable for breaking the law, and we look forward to vigorously litigating this case in court.”
 
“This decision marks an important step toward restoring federal funding for California’s hydrogen hub. We look forward to moving ahead and working once again with partners at every level of government to build a strong, economically resilient renewable hydrogen market that benefits both California and the nation," said Dee Dee Myers, Senior Advisor to Governor Newsom and Director of the Governor's Office of Business and Economic Development (GO-Biz). 

"These grants received bipartisan congressional approval and serve a vital role enhancing U.S. energy independence though the expansion of clean energy. We are pleased to see the lawsuit continue and hope for a just outcome," said California Energy Commission Chair David Hochschild. 
 
In February, California Attorney General Rob Bonta, alongside the Governor’s Office of Business and Economic Development and the California Energy Commission, co-led a coalition of 13 attorneys general in filing a lawsuit challenging the Trump Administration’s unlawful decision to eliminate congressionally-mandated energy and infrastructure programs created by Congress in laws such as the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA, also known as the Bipartisan Infrastructure Law). The lawsuit, filed in the U.S. District Court for the Northern District of California, challenged the decisions by the United States Department of Energy (DOE), DOE Secretary Chris Wright, the Office of Management and Budget (OMB), and OMB Director Russell Vought, to review and terminate billions of dollars in energy and infrastructure awards nationwide. Specifically in California, $1.2 billion in federal funding for ARCHES (Alliance for Renewable Clean Hydrogen Energy Systems) and $4 million under the Resilient and Efficient Codes Implementation (RECI) program were terminated. In the lawsuit, California and the attorneys general alleged that the decision to terminate and abandon these programs violates the constitutional separation of powers, as the funding was approved by Congress.