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9th U.S. Circuit Court of Appeals

Federal Judge Forces Trump Administration to Unlock EV Charger Funding

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Federal judge orders Trump administration to unfreeze EV charger funding

A federal judge in Seattle has ordered the Trump administration to restore federal funding for electric vehicle chargers in Arizona and 13 other states. This comes after months of uncertainty surrounding billions of dollars allocated by the National Electric Vehicle Infrastructure Program (NEVI).

U.S. District Court Judge Tana Lin issued a preliminary injunction, allowing funds to flow again to Arizona, which is expected to receive over $60 million from this initiative outlined in the bipartisan infrastructure law signed by President Biden in 2021. However, states like Minnesota, Vermont, and the District of Columbia were not included in the ruling due to insufficient evidence of how the funding freeze impacted them.

The injunction will not take effect until July 1, pending a possible appeal by the U.S. Department of Justice, leading to further proceedings in the 9th U.S. Circuit Court of Appeals. Judge Lin found that the Trump administration had exceeded its constitutional and statutory authority, thus circumventing Congressional intent.

“When the Executive Branch treads upon the will of the Legislative Branch… it is the Court’s responsibility to remediate the situation,” Lin stated in her decision. This ruling follows a court hearing wherein lawyers for the states and the Justice Department debated the case.

Arizona Attorney General Kris Mayes criticized the Trump administration’s actions, saying, “By gouging funds owed to Arizonans for infrastructure improvements… the President and his administration are not above the law.”

The plaintiff states are collectively awaiting nearly $1 billion to enhance the country’s electric vehicle charging network, a part of a larger $5 billion program. Previously, the Federal Highway Administration had accepted states’ plans for fund allocation based on federal highway funding formulas. Yet, in February, it retracted approval, stating it would reevaluate the NEVI Formula Program guidelines.

The preliminary injunction halts any moves by the administration to rescind state funding plans, directly addressing concerns over an inadequate charging infrastructure that has led to “range anxiety” among electric vehicle users. Lin even referenced a classic “The Simpsons” episode to illustrate the hesitations faced by drivers of electric vehicles.