Climate Solutions v. U.S. Department of Transportation

Two lawsuits filed in the federal district court for the Western District of Washington challenged U.S. Department of Transportation and Federal Highway Administration actions freezing funds appropriated for the Charging and Fueling Infrastructure Program established by the 2021 Infrastructure Investment and Jobs Act (IIJA). The IIJA appropriated $2.5 billion to “support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States.” One lawsuit was filed by California, 14 other states, Pennsylvania Governor Josh Shapiro, and the District of Columbia (the states). The other was filed by two environmental organizations (Sierra Club and Natural Resources Defense Council) and Climate Solutions, which the complaint described as “a Northwest-based clean energy economy nonprofit.” The nonprofit organizations’ complaint asserted violations of the Administrative Procedure Act, violation of separation of powers, violation of the Take Care Clause, and ultra vires action.