In response to the United States Department of Agriculture’s decision to cut solar out of the Rural Energy for America Program (REAP). On behalf of our members, RENEW has joined a lawsuit against the Trump Administration for the harmful actions it has taken. We are one of several plaintiffs, represented by Environmental Law & Policy Center (ELPC) with Earthjustice as co-counsel.

This is the first of several efforts by RENEW to represent the legal interests of our members as we expand the ways in which we are fighting against policies that restrict Americans from accessing or owning renewable energy.

The lawsuit, filed today, challenges the USDA’s new eligibility rules that block solar projects from REAP. Created in 2002, this program has received funding for more than two decades with a goal of helping farmers and rural small businesses save money through investments in energy efficiency and achieve self-reliance through renewable energy, with solar being one of the best options to accomplish this goal. 

The USDA’s updated criteria effectively cut solar from a bipartisan program built by Congress. As a result, cash-strapped rural communities have been denied access to affordable, reliable, and environmentally beneficial solar power during a period when energy prices have reached historic highs.

Making matters worse, the USDA has also decided to apply this new policy retroactively, affecting applications submitted under the USDA’s old rules. REAP applications can take months to prepare, and many applicants have already spent tens of thousands of dollars on equipment, engineering, and other costs that did and still should qualify for reimbursement. This abrupt, retroactive policy change leaves many holding expenses they likely cannot afford.

The lawsuit we’ve joined asks the court to:

1. Invalidate USDA’s new anti-solar eligibility criteria.
2. Order USDA to process REAP applications under the rules that were in place when USDA received them.

As finances get tighter and margins thinner, we cannot pull the rug out from the people who grow our food. REAP is supposed to help farmers keep their energy costs low. It is our hope that we can reverse this decision by the Trump Administration to protect farmers and rural business owners from the direct financial harm this rule change will cause.