Lawmakers demand Bondi’s DOJ investigate Biden’s post-Election Day dismissal of green energy fraud lawsuit

EXCLUSIVE: Republican lawmakers are calling on the Trump administration to investigate President Biden’s dismissal of a lawsuit claiming millions in fraud from a green energy project the day after the 2024 election.

In 2011, President Barack Obama’s Treasury Department granted Tonopah Solar Energy, LLC hundreds of millions of dollars for the construction of a green energy solar plant, the Crescent Dunes Solar Energy Project, in Nevada.

However, the energy group was eventually sued by CMB Export, LLC for alleged fraud involving approximately $275 million of taxpayer dollars in a qui tam lawsuit, which is a case on behalf of the government claiming fraud against federal programs. The case was being investigated by the Department of Justice (DOJ), until the Biden administration filed a motion to dismiss the lawsuit on Nov. 6, 2024 – the day after the presidential election.

In a letter to Attorney General Pam Bondi, obtained first by Fox News Digital, Republican Reps. Lance Gooden, R-Texas, and Carol Miller, R-W.Va., are sounding the alarm over the previous administration’s decision to halt the potential recovery of taxpayer funds.

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Rep. Lance Gooden participates in the House Judiciary Committee organizing meeting in the Rayburn House Office Building. (Bill Clark)

“Despite investing three and a half years in investigating this case, it is deeply troubling that the DOJ reversed its position shortly after the presidential election, claiming the dismissal was in public interest and citing undue burdens on federal agencies,” the letter reads. “This decision is perplexing, given that the government stands to lose nothing by allowing CMB Export, LLC, to proceed with the case.”

The letter asks that Bondi investigate the Biden administration’s rationale for dismissal, potential conflicts of interest, timeline of events, and accountability regarding the possible misuse of taxpayer funds.

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“The American people soundly rejected the Biden administration’s radical Green New Deal agenda and fraudulent coverups when they voted for President Trump,” Miller told Fox News Digital. “Our understanding is the Crescent Dunes project was an energy proposal that cost American taxpayers hundreds of millions of dollars, produced less energy than promised, and posed safety concerns for individuals working on the project. With President Trump back in the White House, transparency is now the standard for the federal government.”

Pam Bondi, is sworn in before the Senate Judiciary Committee for her confirmation hearing at the Capitol, Jan. 15, 2025. (Ben Curtis/AP Photo)

Biden’s DOJ claimed the dismissal was “commensurate with the public interest,” and that litigation obligations would impose “an undue burden” on the government, two claims that are being called into question in the new letter.

The letter asks if there is any evidence that the timing of the motion was politically influenced, coming right after the election loss, and if the DOJ’s decision to dismiss a case that seeks to recover taxpayer dollars conflicts with its responsibility to uphold accountability in cases of alleged fraud against the government.

“The allegations in this case represent not just potential financial fraud but a breach of public trust,” the Republican lawmakers wrote. “The Crescent Dunes project, like other failed ‘green energy’ initiatives, has already cost taxpayers hundreds of millions of dollars, and the dismissal of this case raised serious concerns about the previous administration’s commitment to protecting public funds and prosecuting fraud.”

Attorney General Merrick Garland at the Department of Justice on May 2, 2023, in Washington, D.C. (Anna Moneymaker/Getty Images)

The lawmakers asked that the DOJ conduct an internal investigation into the case, and upon reevaluation, consider allowing CMB Export, LLC, to continue its charge against the solar company.

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“The American people deserve accountability and transparency in how their tax dollars are used, especially in cases involving allegations of fraud on such a significant scale,” the letter reads.