The US Department of Energy (DOE) acted unconstitutionally when it axed $7.5bn worth of clean-energy funding, including grants linked to two West Coast hydrogen hubs, a federal court has ruled.
The US District Court for the District of Columbia ruled in favour of a lawsuit against the DOE and Energy Secretary Chris Wright, alleging the administration breached the Fifth Amendment by cancelling grants based on the political leanings of states.
The Fifth Amendment applies to the federal government and includes a guarantee of due process. Courts have long held that this also means the federal government must provide equal protection under the law.
The lawsuit was brought by the City of Saint Paul, Minnesota; Interstate Renewable Energy Council; Plug in America; Elevate Energy; Southeast Community Organization; and the Environmental Defense Fund.
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