Murray, Heinrich Sound Alarm on Reports of DOGE “Hit List” of Key Energy Projects, Demand that Department of Energy Follow the Law
Murray, Heinrich, and colleagues: “Dissolving contracts, cancelling grants and loans, and reneging on loan guarantees without any intention to execute the laws is not only illegal, but is harmful to the public and energy consumers. Your indiscriminate cancellations of spending will increase energy prices, make our grid less secure, and stop energy innovation”
Washington, D.C. – Today, U.S. Senator Patty Murray, Vice Chair of the U.S. Senate Committee on Appropriations, and U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the U.S. Senate Committee on Energy and Natural Resources, led 25 Democratic senators in sending a letter to U.S. Department of Energy Secretary Christopher Wright demanding that he uphold his commitment to honor existing legal agreements and deliver funds passed into law by Congress.
The letter comes on the heels of recent reports that the Department of Energy is creating a “hit list” of awards, projects, and contracts—many of which have already began construction—it is considering canceling, which would break existing agreements and lead to job losses and reductions in the growth of new energy resources. c
The senators detailed their serious concerns about the reports, telling Secretary Wright: “You assured us during your confirmation hearing that you believe that legal agreements should be honored (including managing the financial commitments you have inherited) and that you will follow the law.”
The senators added: “Indiscriminately canceling program funding and executed contracts, and refusing to execute on the funding directives Congress enacted, neither honors existing agreements nor is consistent with the spending laws that have appropriated funding for specific purposes.”
“Dissolving contracts, cancelling grants and loans, and reneging on loan guarantees without any intention to execute the laws is not only illegal, but is harmful to the public and energy consumers. Your indiscriminate cancellations of spending will increase energy prices, make our grid less secure, and stop energy innovation,” the senators continued. “If the Department has a policy disagreement and does not want to spend money on programs Congress has funded, the lawful response is to ask Congress to rescind that funding. The decision ultimately rests with Congress, not with the President, the Department of Energy, or the Department of Government Efficiency.”
The senators concluded the letter by demanding a detailed list and briefing that identifies which grants, loans, or loan guarantees Secretary Wright believes should be rescinded and why he thinks they should be rescinded.
The full text of the letter can be found HERE and below.
Dear Mr. Secretary:
We are deeply troubled by recent news reports that the Department of Energy (Department) is creating a “hit list of clean energy projects” to “wipe out” for being inconsistent with the President’s priorities. This list reportedly includes hydrogen hubs and carbon capture, critical mineral, and battery storage projects that have already received grant and loan funding from the Inflation Reduction Act, the Bipartisan Infrastructure Law, and annual appropriations bills.
You assured us during your confirmation hearing that you believe that legal agreements should be honored (including managing the financial commitments you have inherited) and that you will follow the law. Indiscriminately canceling program funding and executed contracts, and refusing to execute on the funding directives Congress enacted, neither honors existing agreements nor is consistent with the spending laws that have appropriated funding for specific purposes.
Our Constitution gives Congress the power of the purse and exclusive power to appropriate funds. Once a law is properly enacted, the Constitution requires the President to “take Care that the Laws be faithfully executed.” The President cannot substitute his policy preferences for requirements in law, and that includes refusing to spend funds Congress requires the President to spend.
In this instance, where Congress has authorized and appropriated funds for programs that support clean energy projects, the Department must faithfully execute the law and expend the funds for the purposes provided. For example, programs authorized that have received federal appropriations under the Bipartisan Infrastructure Law have requirements on timing of expended funds, purposes, and contractual expectations. An internal Office of Management and Budget guidance document cannot hide the Department’s obligation to follow the enacted law.
Dissolving contracts, cancelling grants and loans, and reneging on loan guarantees without any intention to execute the laws is not only illegal, but is harmful to the public and energy consumers. Your indiscriminate cancellations of spending will increase energy prices, make our grid less secure, and stop energy innovation. If the Department has a policy disagreement and does not want to spend money on programs Congress has funded, the lawful response is to ask Congress to rescind that funding. The decision ultimately rests with Congress, not with the President, the Department of Energy, or the Department of Government Efficiency. Please provide us a detailed list and briefing that identifies which grants, loans, or loan guarantees you believe should be rescinded and why you think they should be rescinded.
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