Harris County v. EPA

Harris County, Texas filed a lawsuit in the federal district court for the District of Columbia challenging the U.S. Environmental Protection Agency's termination of the Solar for All program. The County alleged that it was the “recipient of one of the largest Solar for All awards and leader of the Texas Solar for All Coalition” and that harms suffered by the County due to the dismantling of the program were “illustrative of the devastating harm” the action would cause nationwide. The complaint alleged that “Solar for All was an integral part of this country’s most ambitious effort to slow the climate crisis, promising millions of Americans access to affordable, clean solar energy; improved public health; American energy production and independence; resilience to grid failures in extreme weather; and hundreds of thousands of clean energy jobs.” The County asserted violations of the Administrative Procedure Act and the Constitution’s Appropriations Clause and separation of powers principles. The County also asserted that EPA’s action was ultra vires because it was not authorized by statute and was contrary to the Constitution.