13 States and Washington Sue DOE Over $2.2 Billion Clean‑Energy Funding Freeze

Updated 2026-02-18 23:22:35+00:00 (5 articles)

Image: King5 (Seattle, WA)

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Multi‑State Lawsuit Filed to Challenge DOE Funding Halt Washington and 13 other states filed a lawsuit on Feb 18 2026, led by Attorney General Nick Brown, alleging the Department of Energy illegally stopped money that Congress had authorized, violating federal law and seeking court‑ordered restoration of the funds [1].

DOE Stopped $2.2 Billion Hydrogen Hub Money The complaint notes the DOE halted $2.2 billion for the Pacific Northwest Hydrogen Hub on Oct 1 2025, cutting a key component of the national Regional Hydrogen Hub program mandated by the Infrastructure Investment and Jobs Act and the Inflation Reduction Act [1].

Four Washington State University Grants Terminated Without Explanation Awards supporting low‑carbon concrete research and grid‑support projects at Washington State University were abruptly terminated, providing the plaintiffs with concrete examples of what they describe as unlawful defunding of congressionally‑backed initiatives [1].

Lawsuit Links Cuts to Trump Executive Order and “Kill Lists” Plaintiffs contend the funding cuts stem from a Trump‑era executive order and internal “kill lists” designed to eliminate clean‑energy projects, citing remarks made before the September 2025 shutdown and a May 2025 DOE memo that introduced a vague review process used as a pretext for rescinding programs [1].

Plaintiffs Argue Constitutional Lack of Authority to Defund Programs The states argue that the president and federal agencies lack constitutional authority to defund programs enacted by Congress, and they request judicial enforcement to restore the halted funding and prevent future unauthorized cuts [1].

Sources

1.
King5: Washington, 13 States Sue Federal Government Over Halted Clean‑Energy Funding – King5 reports that Washington and 13 other states filed a Feb 18 2026 lawsuit accusing the DOE of illegally stopping $2.2 billion in hydrogen hub funds, terminating university awards, and invoking alleged Trump‑era executive orders and constitutional overreach .
2026-02-18 23:22:35+00:00

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Timeline

April 2025 – The Trump administration halts the Building Resilient Infrastructure and Communities (BRIC) disaster‑mitigation program, freezing $3.6 billion in awarded grants and canceling the upcoming $882 million fiscal‑year allocation, disrupting storm‑water, grid‑hardening, and relocation projects across both Republican‑ and Democratic‑led states [3].

May 2025 – The Department of Energy issues a memo that creates a vague review process, later used as the legal pretext to rescind clean‑energy awards mandated by the Infrastructure Investment and Jobs Act and the Inflation Reduction Act [4].

September 2025 – Administration officials reference an executive order and internal “kill lists” aimed at eliminating clean‑energy projects in remarks made just before the September government shutdown, a claim later cited in a multi‑state lawsuit alleging partisan defunding [4].

Oct 1, 2025 – OMB Director Russ Vought announces the cancellation of nearly $8 billion in energy grants, including $7.6 billion in clean‑energy funding for 16 states, and simultaneously ends $2.2 billion for the Pacific Northwest Regional Hydrogen Hub, citing misalignment with administration goals [1][4].

Oct 1, 2025 – The DOE sends termination letters—first on plain paper, then on official letterhead—stating the awards “are not aligned with the administration’s goals,” prompting accusations that the cuts target blue‑state recipients [1].

Dec 12, 2025 – U.S. District Judge Richard G. Stearns orders FEMA to reinstate the halted BRIC grants, ruling the cancellation violates congressional appropriations and underscoring the public interest in lawful disaster‑preparedness spending [3].

Jan 12, 2026 – U.S. District Judge Amit P. Mehta issues a 17‑page opinion declaring the DOE’s termination of $7.6 billion in clean‑energy grants unconstitutional under the Fifth Amendment’s equal‑protection clause, noting the cuts target states that voted for President Trump in 2024 [2][5].

Jan 12, 2026 – In the same decision, Judge Mehta orders the restoration of seven specific DOE awards totaling $27.6 million, part of the broader $8 billion cancellation, and leaves open the possibility of an appellate challenge that could delay implementation [1].

Jan 12, 2026 – A separate ruling permits work on the major offshore wind farm serving Rhode Island and Connecticut to resume, delivering a temporary win for the wind sector while broader clean‑energy reviews proceed [2][5].

Jan 2026 (interview) – Former President Donald Trump tells One America News, “We can cut projects Democrats want and we’ll probably do it,” framing the grant cancellations as a deliberate policy choice [2].

Feb 18, 2026 – Washington and 13 other states file a lawsuit alleging the DOE illegally terminated $2.2 billion in Regional Hydrogen Hub funding and other clean‑energy awards, seeking judicial enforcement to restore the money and prevent future “kill‑list” defunding [4].

Future (as of Feb 2026) – The administration signals it may appeal Judge Mehta’s January rulings, potentially postponing the restoration of the $27.6 million grants and the broader $7.6 billion clean‑energy funding pending higher‑court review [1][5].