US lawmakers demand probe into California-China climate deals
Synopsis
Four Republican senators and a House member have asked the Justice Department and State Department to investigate a decade-long web of climate agreements between California and Chinese government-linked institutions — alleging Governor Newsom and his predecessor Jerry Brown may have unconstitutionally conducted their own foreign policy with a strategic rival.
Key Takeaways
Senators Rick Scott, Mike Lee, Marsha Blackburn and Representative Young Kim sent a letter on 20 August requesting a federal probe into California-China climate ties.
The lawmakers allege the agreements may violate Article I, Section 10 of the US Constitution, which bars states from entering foreign agreements without congressional consent.
Agreements under scrutiny span from a 2013 memorandum under Governor Brown to a 2023 joint action plan signed during Governor Newsom's China visit.
The University of California system's ties to Tsinghua University — alleged to have links to China's military-civil fusion programme — are also flagged.
Requests include a FARA review , an FBI counterintelligence assessment , and possible civil litigation against California and UC regents.
No responses from Newsom, Brown, the University of California, or the Chinese government were included in the material released.
Four Republican lawmakers have formally requested the Justice Department and the State Department to investigate California's climate agreements with Chinese government-linked institutions, alleging the state may have unlawfully encroached on federal foreign policy authority. The letter, dated 20 August, was addressed to Attorney General Todd Blanche and Secretary of State Marco Rubio.
Who Signed the Letter
The request was made jointly by Senators Rick Scott, Mike Lee, and Marsha Blackburn, along with Representative Young Kim. The lawmakers argued that a series of agreements between California's regulatory bodies, the University of California system, and entities linked to the Chinese Communist Party (CCP) may violate Article I, Section 10 of the US Constitution — the clause that bars states from entering treaties or foreign agreements without congressional approval.
Key Agreements Under Scrutiny
The letter draws heavily on a report by the National Association of Scholars, which it says documents a years-long pattern of California climate regulators aligning with Chinese institutions. Among the agreements cited:
A 2013 memorandum signed by then-Governor Jerry Brown and Xie Zhenhua, at the time head of China's National Development and Reform Commission, covering carbon reduction, emissions trading, and electric vehicles. California's Air Resources Board reportedly signed a separate memorandum with the same Chinese agency that year.
A 2015 agreement between the University of California system and Tsinghua University — which the lawmakers allege has ties to China's military-civil fusion programme, advanced defence laboratories, and projects linked to missile and nuclear technology.
A 2017 visit by Brown to Beijing, shortly after President Donald Trump announced the US withdrawal from the Paris climate accord, during which Brown met Chinese President Xi Jinping and signed agreements on clean technology and energy cooperation.
The California-China Climate Institute, established in 2019 under Brown and Xie — later codified into state law by Governor Gavin Newsom — and based at the University of California-Berkeley.
A 2023 memorandum signed during Newsom's visit to China, in which California agencies and Chinese central planners agreed to develop a joint action plan.
What the Lawmakers Are Alleging
The lawmakers were pointed in their criticism of Newsom. 'If Governor Newsom would like to assume foreign affairs authorities constitutionally vested in the federal government, that option, however quixotic, ill-conceived, and downright laughable, is theoretically available to him,' they wrote. They further alleged he is 'likely violating the Constitution, serving as China's useful pawn while destroying the pocketbooks of millions of hardworking Americans.'
They also declared: 'We cannot allow a rogue state government to place its regulators and flagship university in the service of a hostile power's industrial strategy.'
Scope of the Requested Investigation
The lawmakers' requests are sweeping. They include possible civil litigation against California and the University of California regents, records from the governor's office and state regulatory agencies, a Foreign Agents Registration Act (FARA) review, an FBI counterintelligence assessment of any links to Chinese intelligence or United Front entities, and an export-control review covering technology exchanges in batteries, connected vehicles, offshore wind, hydrogen, and grid-management software.
Notably, the material released by Scott's office did not include responses from Newsom, Brown, the University of California, or the Chinese government. This comes amid broader US-China tensions over trade, technology, Taiwan, and national security — with climate cooperation remaining one of the few remaining channels of bilateral engagement.
Point of View
However, is real: the Compact Clause has rarely been litigated against sub-federal climate diplomacy, and California's agreements with Chinese institutions are unusually formalised for a state. What the letter does not address is whether these arrangements have produced any demonstrable intelligence or security harm — a gap that will matter if the Justice Department decides to act. The timing, amid a broader US-China trade and technology standoff, ensures maximum political resonance regardless of legal outcome.
NationPress
20 Aug 2026
Frequently Asked Questions
Why are Republican lawmakers seeking an investigation into California's China ties?
Four Republican lawmakers allege that California's climate agreements with Chinese government-linked institutions may violate Article I, Section 10 of the US Constitution, which prohibits states from entering foreign agreements without congressional approval. They argue that Governors Brown and Newsom effectively conducted independent foreign policy with a strategic rival.
Which California-China agreements are under scrutiny?
The scrutinised agreements include a 2013 memorandum between Governor Jerry Brown and China's National Development and Reform Commission, a 2015 University of California-Tsinghua University agreement, a 2017 clean energy deal signed by Brown in Beijing, the 2019 California-China Climate Institute, and a 2023 joint action plan signed during Newsom's China visit.
What specific actions have the lawmakers requested?
The lawmakers have asked for a formal inquiry by the Justice Department and State Department, possible civil litigation against California and the University of California regents, a Foreign Agents Registration Act review, an FBI counterintelligence assessment, and an export-control review of technology exchanges in batteries, EVs, offshore wind, hydrogen, and grid software.
Has Governor Newsom responded to the allegations?
No response from Governor Newsom, former Governor Brown, the University of California, or the Chinese government was included in the material released by Senator Scott's office as of the date of the letter.
What is the broader context of US-China relations here?
US-China relations have grown increasingly strained over trade, technology, Taiwan, and national security. Climate cooperation has remained one of the few areas of continued bilateral engagement, making California's independent climate diplomacy with Beijing politically and legally sensitive in the current environment.
