Acting Attorney General Jennifer Davenport joined a coalition of 13 attorneys general in filing a lawsuit challenging the Trump Administration’s unlawful policy that resulted in the termination of billions of dollars in funding for energy affordability programs designed to save consumers money on their utility bills.
The unlawful cuts target hundreds of energy and infrastructure projects in 16 states with Democratic governors. The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that the Trump Administration’s actions are unlawful and asks the court for a permanent injunction. As the states argue, the decisions by the U.S. Department of Energy (DOE), DOE Secretary Chris Wright, the Office of Management and Budget (OMB), and OMB Director Russell Vought violate the U.S. Constitution’s separation of powers as well as the Administrative Procedure Act.
“Creating more in-state power will lower utility costs, benefiting both families and businesses, and improve affordability for all. But President Trump is determined to make life more expensive by refusing to follow the law, and New Jersey will not stand for it,” said Governor Mikie Sherrill. “At his direction, and for purely political reasons, the Department of Energy and Russell Vought pulled funding for innovative scientific research projects aimed at lowering energy costs for New Jerseyans. This is not the first time the Trump administration has played political games, and I’m glad that we are once again taking him to court under Acting Attorney General Davenport to defend New Jersey against his unlawful behavior.”
“Let me be clear: I will do everything in my power to drive down energy costs and make life more affordable for all New Jerseyans. But the Trump Administration is doing exactly the opposite, going out of its way to unlawfully gut programs that support affordable, clean energy—all in the name of seeking retribution against the President’s perceived political opponents,” said Acting Attorney General Davenport. “We’re taking the Trump Administration to court to reverse its reckless and illegal attempts to stand in the way of affordable energy projects that would drive down your utility bills. Alongside Governor Sherrill, I will always stand on the side of hardworking New Jerseyans against attacks out of Washington.”
On his first day in office in 2025, President Trump issued executive orders directing the DOE to compile a “hit list” of energy and infrastructure awards worth billions of dollars. The list was intended to further the administration’s illegal objective of eliminating energy and infrastructure programs created by Congress through the 2022 Inflation Reduction Act and the bipartisan 2021 Infrastructure Investment and Jobs Act.
In May 2025, DOE issued a policy memorandum asserting that it would subject projects to which it had previously awarded funding to a vague and opaque “review” process that was in truth designed to provide cover to eliminate energy and infrastructure programs.
As a government shutdown loomed in late September of 2025, the President told reporters he could “do things during the shutdown that are irreversible” to attack Democrats, including “cutting programs that they like.” The next day, Vought announced on social media that DOE would be terminating nearly $8 billion of renewable energy programs created by Congress. Vought’s post listed sixteen states where projects would be defunded, including New Jersey. DOE then confirmed the cuts, citing its May 2025 policy memorandum.
In New Jersey, DOE ended two cooperative agreements with Rutgers University. One grant award, for $3.2 million, was issued jointly to Rutgers and the New Jersey Board of Public Utilities. That project would have advanced the implementation of new energy-efficient building performance standards for New Jersey’s existing buildings. These performance standards would result in potential energy savings between $3.8 billion and $15.4 billion over the course of five years.
The other grant award, for $1.7 million, is for research on agrivoltaic systems that would help New Jersey farmers use their land simultaneously for agricultural production and energy production. This grant supports research to study crop performance under solar arrays and the development and implementation of a curriculum to train agrivoltaics-focused farmers and technical specialists. If implemented, this technology has the potential to support New Jersey farms with an additional source of income and reduce energy costs.
Acting Attorney General Davenport is joined in this lawsuit by the Attorneys General of California, Colorado, Washington, Connecticut, Illinois, Maryland, Massachusetts, New York, Oregon, Rhode Island, Vermont, and Wisconsin.
