Second Judge Overturns $7B Solar for All Cancellation — SkimNews
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- Judge Tanya Chutkan ruled September 22 that the EPA's termination of the $7 billion Solar for All program was "arbitrary and capricious, contrary to law, and in excess of statutory authority," with her decision setting aside the cancellation program-wide — not just for Harris County.
- Harris County, Texas brought the lawsuit after leading the Texas Solar for All Coalition, which was awarded nearly $250 million in 2024, with the county itself securing more than $54 million for low-income solar access.
- Less than a week earlier, a U.S. District Court judge in Rhode Island ruled the EPA's termination was procedurally unlawful in a separate lawsuit filed on behalf of downstream grant beneficiaries.
- The EPA eliminated Solar for All in August 2025, citing the One Big Beautiful Bill Act, but Harris County's lawsuit argued "the OBBBA provides no authority for EPA's Elimination Decision."
- The EPA told Smart Cities Dive it is reviewing both court decisions and considering options for appeal.
- A third lawsuit by 22 states and the District of Columbia in U.S. District Court for the Western District of Washington challenging the same cancellation was dismissed in January.
- Harris County Judge Lina Hidalgo called the ruling "a really important victory for energy resilience," saying the county would keep fighting to restore funding for solar-powered community hubs designed to weather grid failures.
Why it matters: Two federal courts in one week have now ruled against the EPA's termination of Solar for All, and Chutkan's decision explicitly voids the cancellation for the entire $7 billion program — not just the plaintiff. For Harris County and other recipients, that means the court has ordered restoration of funding for low-income solar deployment, though the EPA's signaled appeal keeps the outcome uncertain.
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