Judge blocks Trump from withholding EV charger funds awarded to 14 states

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"Federal Judge Rules Against Trump Administration's Withholding of EV Charger Funds"

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A US district judge has issued a ruling that prevents the Trump administration from withholding funds designated for electric vehicle (EV) charger infrastructure in 14 states. The ruling came from Judge Tana Lin in Seattle, who was appointed by President Biden in 2021. She granted a partial injunction in favor of the states, which included a lawsuit spearheaded by the attorneys general of California, Colorado, and Washington. Judge Lin concluded that the lawsuit is likely to succeed, thereby allowing the states to move forward with their plans for deploying EV chargers. However, the ruling does not extend to the District of Columbia, Minnesota, and Vermont, as the judge determined that these states did not provide sufficient evidence of immediate harm. The injunction is set to take effect on July 1, unless the Trump administration files an appeal to contest the decision.

The conflict arises from the Trump administration's directive in February, which instructed states not to utilize $5 billion in funding allocated under the Biden administration's National Electric Vehicle Infrastructure (NEVI) program. The NEVI program is crucial, as it covers up to 80% of eligible project costs needed for deploying EV chargers. A memo from Emily Biondi, an associate administrator at the Federal Highway Administration, indicated that the Department of Transportation is reviewing the policies of the NEVI program and has suspended the approval of state deployment plans until new guidance is issued. This suspension drew criticism, especially following a May report from the Government Accountability Office, which stated that withholding the funds violated statutory requirements. The White House has since disputed these findings, labeling them as legally indefensible. During a recent court hearing, arguments were made that the agency’s rationale for revising guidance does not adequately justify its actions, emphasizing the importance of adhering to congressional intent regarding the funding and deployment of EV infrastructure.

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A US district judge has blocked theTrump administrationfrom withholding funds previously awarded to 14 states for electric vehicle charger infrastructure.

Seattle-based judge Tana Lin, who was appointed to the bench by Joe Biden in 2021, granted a partial injunction to the states that filed suit against Trump’s Department of Transportation.

She ruled that the states’ lawsuit – led by attorneys general in California, Colorado and Washington – would likely succeed. Her ruling did not apply to the District of Columbia, Minnesota and Vermont, which she found did not provide evidence that they would suffer immediate harm. The injunction will go into effect on 1 July, unless theTrump administrationfiles an appeal blocking it.

In February, the Trump administration ordered states not to spend $5bn in funds allocated under theBiden administrationas part of the national electric vehicleinfrastructure(Nevi) program.

The program provided up to 80% of eligible project costs to deploy electric vehicle charges. Currently, 16 states have at least one operational EV station,according toEV States Clearinghouse.

“The new leadership of the Department of Transportation … has decided to review the policies underlying the implementation of the Nevi formula program,” Emily Biondi, associate administrator for planning, environment and realty at the transportation department’s Federal Highway Administration, wrote in a memo.

“As result of the rescission of the Nevi formula program guidance, the FHWA is also immediately suspending the approval of all state electric vehicleinfrastructuredeployment plans for all fiscal years. Therefore, effective immediately, no new obligations may occur under the Nevi formula program until the updated final Nevi formula program guidance is issued and new state plans are submitted and approved,” she added.

In May, the Government Accountability Office found that the Trump administration violated the law when it withheld the funding. The administration “must continue to carry out the statutory requirements of the program”, it said.

The White House challenged those findings, which it called “wrong and legally indefensible”, and ordered the transportation department to ignore them. The department is expected to release a draft of its updated electric vehicle guidance this month.

During a hearing before the Seattle judge earlier this month, Leah Brown, of Washington’s attorney general’s office said, “This passing reference to revised guidance and to changed priorities is simply insufficient to override congressional intent.” She added that the states aren’t “challenging the ability to revise guidance, but we are arguing that doing so simply is not a sufficient explanation for the actions that they’ve taken,” the Washington State Standardreported.

“The agency has no intent to withhold funds from the states,” justice department attorney Heidy Gonzalez said. “It just wants the opportunity to review past guidance and to promulgate guidance that comports with the current administration’s policies and priorities.”

During his campaign for the presidency, Donald Trump voiced a hatred for electric vehicles that ran counter to his growing friendship with Tesla CEO Elon Musk.

At one point in the campaign, Trump said supporters of the vehicles should“rot in hell”and that Biden’s support of EVs would bring a“bloodbath”to the US’s automotive industry.

Although he later appointed Musk to serve as head of the “department of government efficiency”, Musk and Trump have since parted ways.

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Source: The Guardian