Trump Administration Unlawfully Suspended EV Charger Infrastructure Program, US Judge Rules

EV Infrastructure Program: A federal judge on Friday ruled President Donald Trump's administration unlawfully suspended funding awarded to support the expansion of electric vehicle charger infrastructure, in a victory for 20 Democratic-led states that sued over the action.

US District Judge Tana Lin in Seattle ruled in favour of 20 states as well as the District of Columbia, which had filed their lawsuit after the US Department of Transportation in February suspended an EV charger infrastructure program enacted by Congress in 2021 under Democratic President Joe Biden.

Lin, a Biden appointee, said the DOT and the Federal Highway Administration "yanked the NEVI Formula Program’s cord out of the outlet," without working within the statutory confines of established administrative law as required.

Environmental groups, including the Sierra Club, hailed the ruling, saying it ensures states can move forward with building infrastructure funded by the law. Lin's order permanently bars the Transportation Department from taking away the states' funds or cancelling their previously approved implementation plans.

"Judge Lin's order is a resounding win for the rule of law and for smart investment in our clean energy future," Mike Faulk, a spokesperson for Washington State Attorney General Nick Brown, said in a statement.

The Transportation Department did not immediately respond to a request for comment.

Shortly after Transportation Secretary Sean Duffy took office in February, the DOT suspended the $5 billion National Electric Vehicle Infrastructure Formula Program, which was part of the Infrastructure Investment and Jobs Act that Biden signed into law in 2021.

The Trump administration has pursued a number of policies to boost the sale of gas-powered vehicles and cut EV incentives for automakers and consumers.

States led by California, Colorado and Washington sued in May, alleging the Trump administration was wrongly withholding billions of dollars they were previously awarded.

The administration argued it was but a temporary pause, which it later ended after the judge earlier issued a preliminary injunction and the agency issued new guidance.

But Lin said the 2021 law never contemplated even temporary pauses in funding for the construction of EV infrastructure.

"In short, Defendants defied the will of Congress by withholding funds in a manner not contemplated by the IIJA," she wrote.

The US Senate is slated next week to consider legislation that has already cleared the US House of Representatives, which would redirect $879 million in funds approved under Biden for the EV charging network to other infrastructure priorities.

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