California files Notice of Intent to File Suit to federal DOI and Golden State Wind over cancelled offshore wind farm plans

As a follow-up to an investigative subpoena issued to Golden State Wind LLC (GSW) that we previously reported on last month, California Attorney General Rob Bonta and California Energy Commission (CEC) Chair David Hochschild today sent a Notice of Intent to File Suit to the U.S. Department of the Interior (DOI) and GSW. The action is in response to what California claims is an unlawful agreement between the federal government and GSW to abandon GSW's plan for wind energy project development offshore California.

Photo credit: Golden State Wind website (Fair Use)

Under the agreement, California claims that an illegal $120 million payment to GSW was made to get it to abandon it's offshore energy lease in federal waters offshore California's Central Coast. Furthermore, as part of that agreement, GSW would have to invest an equal amount of money in out-of-state fossil fuel development projects.

In the Notice of Intent to Sue, California alleges that the federal Outer Continental Shelf Lands Act (OCSLA) was violated by DOI's buyout deal. OCSLA is supposed to ensure that California has a say in offshore wind leases and to prevent corrupt backroom deals. 

The federal government now has 60 days to reverse its actions or the lawsuit will proceed.

A similar federal deal with another offshore wind energy company, Invenergy, was announced on June 17, 2026. In that deal with DOI, Invenergy will relinquish four offshore wind leases, including a proposed 2-gigawatt project off of the Morro Bay, CA, coast as well as leases off of the Maine and New York coasts. That agreement calls for Invenergy to get a $765 million taxpayer funded buyout and then make an equivalent investment in U.S. natural gas and geothermal projects.

As a result of that deal, California issued a subpoena to Invenergy on June 19, 2026, similar to the earlier one issued to GWS. 

As a result of these deals with DOI, a total of $2.6 billion of taxpayer funds will be spent just to get power companies not to produce clean energy.

Attorney General Bonta commented on the possible lawsuit by saying, "At a time when the country needs more reliable and sustainable power supply, the Trump Administration is busy using taxpayer money to strike backroom buyouts that make clean-energy projects disappear. California won't stand idly by as the Trump Administration illegally strikes deals to kill offshore wind projects and replace them with more windfalls for his fossil fuel friend; we're putting the administration on notice that we intend to sue. California has already made substantial investments in clean wind energy that have advanced California's clean energy goals, created high-quality jobs, and bolstered our economy. My office will continue to fight back aggressively against the Trump Administration's illegal attacks on wind energy projects."

Added CEC Chair Hochschild, "California strongly condemns yet another reckless Trump Administration misuse of taxpayer dollars that undermines clean energy growth and U.S. energy security. California will continue to lead the way toward a cleaner, more reliable grid powered by domestic resources. Offshore wind remains an essential component of that work."

California sues Trump and EPA over reclassification of Clean Air Act Waivers

Today, June 22, 2026, California Attorney General Rob Bonta, Governor Gavin Newsom, and the California Air Resources Board (CARB) filed a lawsuit against the Trump Administration and the United States Environmental Protection Agency (EPA). The lawsuit was filed in the U.S. District Court for the District of Columbia to block EPA's recent reclassification of four federal Clean Air Act orders (waivers) granted to California several years ago. 

EPA's reclassification of these waivers as "rules" instead of orders was made on June 12, 2006, by EPA Administrator Lee Zeldin. As a result, EPA then sent the "rules" to the Republican-controlled Congress for repeal under the Congressional Review Act (CRA).

The reclassification is clearly an attempt to strip California of the authority to implement emission control regulations that are stricter than federal requirements.

The four waivers targeted by EPA are:

• 2008 Stricter Greenhouse Gas Emission Standards for Vehicles that were originally approved under the Obama administration.
• Advanced Clean Cars I (ACC I), which was a 2012 mandate requiring automakers to produce minimum quantities of hybrid and electric vehicles.
• Reinstatement of ACC I, done in 2022 by the Biden administration after the first Trump administration revoked it.
• Small Off-Road Engine Amendment, a 2022 regulation that would phase out the sale of new gas-powered lawn equipment, such as lawnmowers and leaf blowers.

“The Trump Administration is doubling down on its unlawful attack on California’s longstanding authority to address air pollution and adopt clean vehicle and equipment standards that protect our State and residents,” said Attorney General Bonta. “For fifty years, both Democratic and Republican administrations have agreed that EPA Clean Air Act waivers are not rules, and EPA's unlawful attempt to reclassify them — years after the fact — is an illegal attempt to take down these important tools. These latest illegal actions would mean more pollution, poorer air quality, more market uncertainty, and greater health risks for communities already overburdened by emissions. California will continue to fight against the Trump Administration's lawless overreach and vigorously defend our authority to protect the health and well-being of our communities and the environment.”   

“While the federal government creates chaos and gets caught up in short‑sighted political fights, California is staying focused on our commitment to uphold the right to breathe clean air,” said California Air Resources Board Chair Lauren Sanchez. “Using the Congressional Review Act this way is illegal. It puts the health of millions of Californians at risk by compromising our ability to meet national air quality standards and could cut off critical transportation funding that our communities and businesses rely on. California will not stand by idly — we will defend our authority, protect public health, and continue working toward a cleaner, healthier future.”

As a result of EPA's actions, Congress now has a 60-day window to vote on whether to repeal the "rules," something it would be unable to do if the original classification as orders (waivers) was maintained. Unless the D.C. Court issues an injunction to halt this effort, a simple majority vote in both the House of Representatives and the Senate could nullify California's regulations.