Foley Hoag achieved an important victory yesterday on behalf of Harris County, Texas in Harris County, Texas v. EPA, a case involving the federal government’s historical $7 billion Solar for All program. 

On September 22, 2026, Judge Tanya S. Chutkan of the United States District Court for the District of Columbia granted Harris County's motion for summary judgment, vacating EPA's decision to terminate the $7 billion Solar for All (SFA) grant program. The court held that EPA's reading of the One Big Beautiful Bill Act (OBBBA)—under which the agency claimed it was required to shut down the program and claw back funds already committed to approximately 60 grant recipients—was contrary to the statute's plain language, arbitrary and capricious, and in excess of the agency's authority. Critically, the court found that OBBBA rescinded only unobligated balances, leaving billions in already-obligated grant funding intact.

“This decision is an important one for Harris County and many other SFA grantees who urgently need the benefits the federal government promised to deliver in partnership with grant recipients,” said Beth Neitzel, a partner at Foley Hoag who led the litigation team.  “The court’s decision is also an important one for the rule of law, because EPA plainly exceeded its authority and acted contrary to Congress’s intent by shutting down Solar for All.”

“We stand firmly behind critical initiatives that bring affordable, cost-saving solar energy to underserved residents while reducing environmental harm and strengthening our economy. I will continue to stand up against improper federal agency actions that are not only illegal, but also harm our communities,” said Harris County Attorney Abbie Kamin. “Seven billion dollars of grant funding was jeopardized by the Trump Administration—dollars that would bring clean energy jobs, lower electricity bills—we will continue to safeguard these critical dollars and fight to protect our climate.” 

The result is significant for Harris County and the program as a whole. The court rejected EPA's attempt to limit vacatur to Harris County's individual grant, holding that because EPA's unlawful action applied to the entire SFA program, the vacatur must as well. The decision also overcame threshold challenges on Tucker Act jurisdiction, Article III standing, and final agency action.

The team representing Harris County is led by Beth Neitzel and Noah Shaw of Foley Hoag, together with Harris County Attorney Abbie Kamin and First Assistant Neal Sarkar. Additional Foley Hoag team members include Emily Nash, Matthew Casassa, and Gilleun Kang.

The team received a shout-out in Litigation Daily’s Litigator of the Week column.