Court Strikes Down Trump Admin’s EV Charger Fund Freeze: Billions to Flow to States
Court Strikes Down Trump Admin’s EV Charger Fund Freeze: Billions to Flow to States
In a significant legal development, a federal judge in Washington state has ordered the Trump administration to immediately resume the distribution of billions of dollars intended for electric vehicle (EV) charging infrastructure. The ruling marks an early victory for 14 states that had sued to challenge the administration’s ongoing freeze on these crucial funds.
The funds, part of the National Electric Vehicle Infrastructure (NEVI) program established by the 2021 bipartisan infrastructure law, were designed to help states install high-speed EV chargers along highway corridors. However, shortly after President Trump took office for his current term, the Department of Transportation (DOT) announced a temporary pause in distributing these funds in February, citing the need for new guidance. No new guidance has since been published, leaving a substantial portion of the allocated money unspent and projects stalled.
The lawsuit, brought by 17 attorneys general (with 14 granted relief in this injunction), argued that the freeze disrupted ongoing projects and hindered states’ efforts to meet carbon emission reduction targets. Judge Tana Lin of the Western District of Washington agreed, issuing a preliminary injunction against the DOT. Her ruling emphasized the critical principle of separation of powers, noting that Congress has the power of the purse and that these NEVI funds are “formula funding”—meaning states are entitled to them once they meet established criteria, rather than discretionary grants.
Judge Lin explicitly stated that while the administration is free to update program guidance, it cannot suspend the distribution of funds or cancel previously approved state plans. “When the Executive Branch treads upon the will of the Legislative Branch, and when an administrative agency acts contrary to law, it is the Court’s responsibility to remediate the situation and restore the balance of power,” she wrote.
The ruling includes a seven-day pause to allow the Trump administration time to appeal the decision. If no appeal is filed, the DOT will be compelled to release the NEVI funds to the 14 states. Reactions to the order were swift: California Attorney General Rob Bonta, a co-leader of the suit, expressed satisfaction, while the Sierra Club hailed it as a vital “first step.”
Conversely, the Department of Transportation issued a defiant statement to NPR, criticizing the ruling as “nonsensical” and accusing the judge of being a “liberal judicial activist.” The DOT reiterated its stance that the previous “Biden-Buttigieg NEVI program guidance was a disaster” and vowed to continue its efforts to reform the program, even while assessing its legal options regarding the injunction. This legal tussle highlights ongoing tensions between the executive branch and the judiciary over the administration’s authority to withhold congressionally allocated funds.
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