Case: Harris County, Texas v. United States Environmental Protection Agency

1:25-cv-03646 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 13, 2025

Case Ongoing

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Case Summary

In 2022, Congress enacted the Inflation Reduction Act, which, among other things, authorized the Environmental Protection Agency (“EPA”) to establish the Greenhouse Gas Reduction Fund (“GGRF”), a “historic $27 billion investment to combat the climate crisis.” From this, EPA created several grant programs, including Solar For All (“SFA”), a $7 billion grant program designed to expand access to affordable, clean energy in low-income communities. One of the 60 awardees of SFA funding was Harris Co…

Within hours of his inauguration, Trump issued Executive Order 14154, Unleashing American Energy. Section 7 of the Order, titled “Terminating the Green New Deal,” directed agencies to “immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022.” After a failed attempt to discontinue the SFA program that was enjoined by multiple federal district courts, the EPA again announced its decisions to eliminate SFA, citing the One Big Beautiful Bill Act (“OBBBA”) as its authority to do so.

On October 13, 2025, Harris County brought suit against the EPA, its Administrator, and its Award Official in the U.S. District Court for the District of Columbia. They alleged the OBBA provides no authority for the EPA to cut the SFA program because § 60002 of OBBO repealed only “unobligated balances of amounts made available to carry out that section (as in effect on the day before the date of enactment of this Act).” Because the SFA funds had been obligated in September 2024, well before OBBBA was enacted, Harris County alleged there is no statutory authority for the EPA to unilaterally rescind the program. Harris County brings suit under the Administrative Procedure Act (“APA”), alleging the termination of SFA was arbitrary and capricious; the U.S. Constitution, alleging a violation of the Appropriations Clause and Separation of Powers; and claimed the EPA acted ultra vires in violation of its statutory and constitutional authority. The case was assigned to Judge Tanya Sue Chutkan.

In relief, Harris County seeks a declaration that the EPA’s decision to terminate the SFA program violates the APA, federal statutes (§ 60002 of the OBBA and § 134 of the Clean Air Act), and the U.S. Constitution. They also seek vacatur of the unlawful termination decision, and an injunction from its implementation.

On October 24, 2025, Harris County filed a motion for a preliminary injunction. They sought an order enjoining the EPA from “(1) dismantling Solar for All on this erroneous and pretextual basis, and (2) deobligating, expending, or otherwise placing beyond this Court’s jurisdiction any funds obligated to Solar for All pursuant to Congress’s appropriation under Section 134(a)(1) of the Clean Air Act.

Harris County filed a motion to withdraw its motion for a preliminary injunction and temporary restraining order on November 14, 2025, in light of representations by the DOJ that all undisbursed SFA grant funds will remain in the Treasury account until September 30, 2031.

The case is ongoing.

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Summary Authors

Madena Mustafa (11/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71630629/parties/harris-county-texas-v-united-states-environmental-protection-agency/

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Chen, Kevin (District of Columbia)

Fombonne, Jonathan (District of Columbia)

Nash, Emily J. (District of Columbia)

Neitzel, Beth C. (District of Columbia)

Attorney for Defendant

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Chen, Kevin (District of Columbia)

Fombonne, Jonathan (District of Columbia)

Nash, Emily J. (District of Columbia)

Neitzel, Beth C. (District of Columbia)

Shaw, Noah C. (District of Columbia)

Attorney for Defendant

Theriot, Bethany Ruth (District of Columbia)

VanLandingham, Kevin Paul (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-03646	Complaint for Declaratory and Injunctive Relief	Oct. 13, 2025	Oct. 13, 2025 Complaint
21 1:25-cv-03646	Notice of Withdrawal of Harris County's Motion for Preliminary Injunction [ECF 12] and Motion for Temporary Restraining Order [ECF 14]	Nov. 14, 2025	Nov. 14, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
EO 14154 - Unleashing American Energy President Donald Trump	Removing regulations that impeded the development of energy and natural resources, limited the generation of reliable and affordable electricity, reduced job creation, and inflicted high energy, and …	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71630629/harris-county-texas-v-united-states-environmental-protection-agency/

Last updated April 5, 2026, 3:27 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against DEVON BROWN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN ( Filing fee $ 405 receipt number ADCDC-12017989) filed by HARRIS COUNTY, TEXAS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Summons - United States Environmental Protection Agency, # 7 Summons - Lee Zeldin, # 8 Summons - Devon Brown, # 9 Civil Cover Sheet)(Neitzel, Beth) (Entered: 10/13/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Summons - United States Environmental Protection Agency View on PACER 7 Summons - Lee Zeldin View on PACER 8 Summons - Devon Brown View on PACER 9 Civil Cover Sheet View on PACER	Oct. 13, 2025	Oct. 13, 2025 Clearinghouse
2	NOTICE OF RELATED CASE by HARRIS COUNTY, TEXAS. Case related to Case No. 1:25-cv-00820-TSC; 1:25-cv-698-TSC; 1:25-cv-735-TSC; 1-25-cv-00948-TSC; 1:25-cv-00938-TSC; 1:25-cv-00762-TSC. (Neitzel, Beth) (Entered: 10/13/2025)	Oct. 13, 2025	Oct. 13, 2025 RECAP
3	SUMMONS (3) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 10/14/2025)	Oct. 14, 2025	Oct. 14, 2025
4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah C. Shaw, Filing fee $ 100, receipt number ADCDC-12018979. Fee Status: Fee Paid. by HARRIS COUNTY, TEXAS. (Attachments: # 1 Exhibit A - Declaration of Noah C. Shaw, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Neitzel, Beth) (Entered: 10/14/2025)	Oct. 14, 2025	Oct. 14, 2025
5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kevin Y. Chen, Filing fee $ 100, receipt number ADCDC-12019046. Fee Status: Fee Paid. by HARRIS COUNTY, TEXAS. (Attachments: # 1 Exhibit A - Declaration of Kevin Y. Chen, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Neitzel, Beth) (Entered: 10/14/2025)	Oct. 14, 2025	Oct. 14, 2025
6	REQUEST FOR SUMMONS TO ISSUE U.S. Attorney filed by HARRIS COUNTY, TEXAS. (Attachments: # 1 Summons to Issue Attorney General)(Neitzel, Beth) (Entered: 10/14/2025)	Oct. 14, 2025	Oct. 14, 2025
7	NOTICE of Appearance by Emily J. Nash on behalf of HARRIS COUNTY, TEXAS (Nash, Emily) (Entered: 10/14/2025)	Oct. 14, 2025	Oct. 14, 2025
	Case Assigned to Judge Tanya S. Chutkan. (zmtm)	Oct. 14, 2025	Oct. 14, 2025
	Notice of Error- New Case	Oct. 14, 2025	Oct. 14, 2025
	Case Assigned/Reassigned	Oct. 14, 2025	Oct. 14, 2025
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 14, 2025	Oct. 14, 2025
	NOTICE OF NEW CASE ERROR The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmtm)	Oct. 14, 2025	Oct. 14, 2025
	MINUTE ORDER: Plaintiff's 4 Motion for Leave to Appear Pro Hac Vice is GRANTED. Noah C. Shaw is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 10/14/2025. (lchs)	Oct. 14, 2025	Oct. 14, 2025
	MINUTE ORDER: Plaintiff's 5 Motion for Leave to Appear Pro Hac Vice is GRANTED. Kevin Y. Chen is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 10/14/2025. (lchs)	Oct. 14, 2025	Oct. 14, 2025
8	NOTICE of Appearance by Noah C. Shaw on behalf of HARRIS COUNTY, TEXAS (Shaw, Noah) (Entered: 10/15/2025)	Oct. 15, 2025	Oct. 15, 2025
9	NOTICE of Appearance by Kevin Chen on behalf of HARRIS COUNTY, TEXAS (Chen, Kevin) (Entered: 10/15/2025)	Oct. 15, 2025	Oct. 15, 2025
10	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zjm) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
11	NOTICE of Appearance by Kevin Paul VanLandingham on behalf of DEVON BROWN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (VanLandingham, Kevin) (Entered: 10/21/2025)	Oct. 21, 2025	Oct. 21, 2025
12	WITHDRAWN PURSUANT TO NOTICE FILED 11/14/2025.....MOTION for Preliminary Injunction by HARRIS COUNTY, TEXAS. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jesse Dickerman, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Text of Proposed Order)(Neitzel, Beth) Modified on 11/17/2025 (zjm). (Entered: 10/24/2025)	Oct. 24, 2025	Oct. 24, 2025 RECAP
13	MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction by DEVON BROWN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (Attachments: # 1 Text of Proposed Order)(VanLandingham, Kevin) (Entered: 10/31/2025)	Oct. 31, 2025	Oct. 31, 2025
14	WITHDRAWN PURSUANT TO NOTICE FILED 11/14/2025.....MOTION for Temporary Restraining Order by HARRIS COUNTY, TEXAS. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Beth C. Neitzel in Support, # 3 Exhibit A, # 4 Text of Proposed Order, # 5 Affidavit of Beth C. Neitzel)(Neitzel, Beth) Modified on 11/17/2025 (zjm). (Entered: 11/02/2025)	Nov. 2, 2025	Nov. 2, 2025 RECAP
15	RESPONSE re 13 MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction filed by HARRIS COUNTY, TEXAS. (Attachments: # 1 Text of Proposed Order)(Neitzel, Beth) (Entered: 11/02/2025)	Nov. 2, 2025	Nov. 2, 2025 RECAP
16	RESPONSE re 2 Notice of Related Case (Defendants' Objection to Plaintiff's Notice of Related Cases) filed by DEVON BROWN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (Attachments: # 1 Text of Proposed Order)(VanLandingham, Kevin) (Entered: 11/03/2025)	Nov. 3, 2025	Nov. 3, 2025
17	RESPONSE re 16 Response to Document, to Defendants' Objection to Harris County's Notice of Related Cases filed by HARRIS COUNTY, TEXAS. (Neitzel, Beth) (Entered: 11/03/2025)	Nov. 3, 2025	Nov. 3, 2025
18	NOTICE of Appearance by Jonathan Fombonne on behalf of HARRIS COUNTY, TEXAS (Fombonne, Jonathan) (Entered: 11/03/2025)	Nov. 3, 2025	Nov. 3, 2025
	Order on Motion for Extension of Time to File Response/Reply	Nov. 3, 2025	Nov. 3, 2025
	MINUTE ORDER: Defendant's 13 Motion for Extension of Time to File Response/Reply as to Plaintiff's 12 Motion for Preliminary Injunction is GRANTED in part and DENIED in part. Defendant is ordered to file a response to Plaintiff's 12 Motion for Preliminary Injunction and 14 Motion for Temporary Restraining order by 11/10/2025. Signed by Judge Tanya S. Chutkan on 11/3/2025. (lchs)	Nov. 3, 2025	Nov. 3, 2025
19	NOTICE of Appearance by Bethany Ruth Brown Theriot on behalf of All Defendants (Theriot, Bethany) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
20	Memorandum in opposition to re 12 MOTION for Preliminary Injunction, 14 MOTION for Temporary Restraining Order filed by DEVON BROWN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN. (Attachments: # 1 Declaration G. Treml, # 2 Text of Proposed Order)(VanLandingham, Kevin) (Entered: 11/10/2025) 1 Declaration G. Treml View on PACER 2 Text of Proposed Order View on PACER	Nov. 10, 2025	Nov. 10, 2025
21	NOTICE OF WITHDRAWAL OF MOTION by HARRIS COUNTY, TEXAS re 12 MOTION for Preliminary Injunction, 14 MOTION for Temporary Restraining Order (Neitzel, Beth) (Entered: 11/14/2025)	Nov. 14, 2025	Nov. 14, 2025 Clearinghouse
22	Joint MOTION to Expedite Briefing Schedule by HARRIS COUNTY, TEXAS. (Attachments: # 1 Text of Proposed Order)(Neitzel, Beth) (Entered: 12/05/2025) 1 Text of Proposed Order View on PACER	Dec. 5, 2025	Dec. 5, 2025
23	ORDER granting parties' 22 Joint Motion to Expedite Briefing Schedule. See Order for further details. Signed by Judge Tanya S. Chutkan on 12/8/2025. (lchs) (Entered: 12/08/2025)	Dec. 8, 2025	Dec. 8, 2025
24	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 12/8/2025 (Neitzel, Beth) (Entered: 12/16/2025)	Dec. 16, 2025	Dec. 16, 2025
25	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEE ZELDIN served on 10/23/2025 (Neitzel, Beth) (Entered: 12/16/2025)	Dec. 16, 2025	Dec. 16, 2025
26	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEVON BROWN served on 10/23/2025 (Neitzel, Beth) (Entered: 12/16/2025)	Dec. 16, 2025	Dec. 16, 2025
27	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/24/2025. (Neitzel, Beth) (Entered: 12/16/2025)	Dec. 16, 2025	Dec. 16, 2025
28	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/20/2025. Answer due for ALL FEDERAL DEFENDANTS by 12/19/2025. (Neitzel, Beth) (Entered: 12/16/2025)	Dec. 16, 2025	Dec. 16, 2025
29	NOTICE of Filing Certified Administrative Record Index by DEVON BROWN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN (Attachments: # 1 Certified Index to the Administrative Record)(Theriot, Bethany) (Entered: 01/09/2026)	Jan. 9, 2026	Jan. 9, 2026
	MINUTE ORDER: Plaintiff's 30 Motion for Leave to Appear Pro Hac Vice is GRANTED. Matthew Francis Casassa is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 2/12/2026. (lchs)	Feb. 12, 2026	Feb. 12, 2026
	MINUTE ORDER: Plaintiff's 31 Motion for Leave to Appear Pro Hac Vice is GRANTED. Gilleun Kang is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 2/12/2026. (lchs)	Feb. 12, 2026	Feb. 12, 2026
	MINUTE ORDER: Movant Sheldon Whitehouse's 34 Motion for Leave to Appear Pro Hac Vice is GRANTED. Alexandra L. St. Romain is hereby admitted pro hac vice to represent Movant Sheldon Whitehouse in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 2/12/2026. (lchs)	Feb. 12, 2026	Feb. 12, 2026
48	REPLY to opposition to motion re 32 Motion for Summary Judgment,, filed by HARRIS COUNTY, TEXAS. (See Docket Entry 44 to view document) (zjm) (Entered: 03/25/2026)	March 13, 2026	March 13, 2026
	MINUTE ORDER: Defendants' 47 Unopposed Motion for Extension of Time is GRANTED for good cause shown. Defendants shall file a Reply in support of their Cross Motion for Summary Judgment by April 10, 2026. Signed by Judge Tanya S. Chutkan on 3/23/2026. (lchs)	March 23, 2026	March 23, 2026
	MINUTE ORDER: Granting 35 Consent Motion of Members of Congress to file an amicus brief in support of Plaintiff's motion for summary judgment. The Clerk of the Court shall docket [35-1] as Amicus Brief of Members of Congress. Signed by Judge Tanya S. Chutkan on 3/23/2026. (lchs)	March 23, 2026	March 23, 2026
	Reply to opposition to motion	March 25, 2026	March 25, 2026

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Oct. 13, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Harris County, TX

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Environmental Protection Agency

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Leave Act, 5 U.S.C. § 6329a

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

District of District of Columbia 1:25-cv-03646

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Recommended Citation

Case Summary of Harris County, Texas v. United States Environmental Protection Agency, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47052/ (last updated 11/22/2025).