Judge Rules Against Trump Over Funding For EV Chargers

Construction of federally funded EV charging sites could be starting again soon. A US District Court judge in Washington State has ruled that the feds must un-freeze roughly $1 billion in funding, reports Reuters. The funding was initially authorized as part of the National Electric Vehicle Infrastructure (NEVI) Formula Program.

The funding was authorized by Congress in 2021 as part of the Infrastructure Investment and Jobs Act. The funding was blocked by the Trump administration as the President took aim at Biden-era electric vehicle mandates almost as soon as he took office for the second time.

While the judge did not make a finding in the suit, filed by 16 states including Washington State and Washington DC, Judge Tana Lin did say it was likely that the states would win. She gave the administration a week to re-start the funds or to appeal the ruling.

Billions In Congressionally-Approved Funding Withheld

NEVI was a $5b initiative intended to build a more comprehensive and more reliable fast-charge network along major highways. States were required to submit plans annually to the Secretary of Transportation in order to receive funds. On President Trump’s first day in office, he issued an executive order pausing all Infrastructure Act funds dispersement. Days later, the Federal Highway Administration notified state transportation departments that the program was under review. Existing contracts were expected to be honored, but the $3b that had been authorized (but not yet paid to states) would no longer be available.

While funds were available for all states, only 16 filed suit. Those states – Washington, Oregon, Colorado, California, Arizona, Delaware, Hawaii, Illinois, Maryland, New Jersey, New Mexico, New York, Rhode Island, and Wisconsin – alleged that the funding freeze was illegal. When the suit was filed in May, California Attorney General Rob Bonta called Trump’s move “unconstitutional,” saying “he’s illegally stripping away billions of dollars for electric vehicle charging infrastructure, all to line the pockets of his Big Oil friends.”

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With the announcement of the preliminary injunction, Bonta said, “We are pleased with today’s order blocking the Administration’s unconstitutional attempt to do so, and California looks forward to continuing to vigorously defend itself from this executive branch overreach.” The state has launched multiple actions against the Trump administration over attempts to stop the state’s EV adoption plans.

Ruling Says State Arguments Likely To Find Success

According to Judge Lin, the circuit court that ultimately hears the argument will likely find the action violated the separation of powers doctrine. Additionally, the states affected are likely to suffer harm as a result of the withheld funds. She therefore ruled that funding must be restored to its status prior to the freeze until the full case is heard. The injunction is stayed until July 1 to give time for the federal government to appeal.

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And 10 other states have joined in to sue the administration.

Curiously (and perhaps amusingly), her ruling started with a reference to one of the earliest pop-culture references to electric vehicle range issues, as well as government overreach. “In a 1995 episode of The Simpsons, Homer must cut short a tearful goodbye with his long-lost mother after her traveling companions protest that their ‘electric van only has 20 minutes of juice left!’ Some 26 years later, Congress sought to address the phenomenon that has come to be known as ‘range anxiety” with the infrastructure act.

Source: Reuters