Washington v. Department of Commerce

AG sues to challenge the termination of more than $9 million in equity-focused climate resilience grants in violation of the law requiring the administration to provide the specific basis for the termination.

On August 8, 2025, Washington State Attorney General Nick Brown filed suit against the Trump administration’s Department of Commerce and Secretary Howard Lutnick for illegally withholding millions of dollars that Congress allocated to build resiliency in communities facing harm from climate change. The administration, in its attempt to unilaterally terminate the award, stated that the funded programs were no longer aligned with new presidential priorities, ignoring the law requiring that the funding remain in place.  

Washington faces significant harm if these funds are eliminated. The Washington State Department of Ecology worked with numerous state agencies to seek funding to support projects that reduce threats to life and property in coastal zones. Under the terms of the grant programs administered by the National Oceanic and Atmospheric Administration (NOAA), states were encouraged to consider how underserved communities were more vulnerable to risk and face disproportionate harm from climate change, including sea-level rise. On May 5, 2025, the NOAA abruptly and unlawfully terminated existing awards, which threatened jobs, undermined the state’s climate resilience strategy, and stripped needy communities of critical support against climate damage.  

AG Brown’s complaint outlines how the administration has violated the Administrative Procedure Act with its arbitrary and capricious action, and unconstitutionally violated the Spending Clause and the principles of separation of powers. He has asked the court to restore the lawfully allocated funding.  

Climate change is here, and Washington communities need to prepare and build resilience. The federal government promised funding to help local communities adapt, and we’re holding them to it. Attorney General Nick Brown

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