Judge Rules That Federal Government Cannot Retain Funds from State Electric Vehicle Charger Initiatives

      CORTE MADERA, CALIFORNIA - FEBRUARY 15: An aerial view shows Tesla vehicles charging at a Tesla charging station on February 15, 2023, in Corte Madera, California. The electric car manufacturer Tesla is collaborating with the U.S. federal government to enhance electric vehicle charging infrastructure across the United States. Tesla has revealed plans to make approximately 7,500 of its Superchargers available to all electric vehicle brands by the end of 2024. Justin Sullivan/Getty Images

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      Earlier this year, when the Trump administration announced its intention to retract funds previously allocated for the establishment of new electric vehicle charging infrastructure, a representative from California criticized the action as “unconstitutional.” On Tuesday, a U.S. district judge in Washington State declined to fully endorse this viewpoint but acknowledged the validity of the plaintiffs' claims in a lawsuit filed by California, 15 other states, and the District of Columbia, stating that the administration acted unlawfully. Judge Tana Lin indicated that the states were likely to prevail, offering the administration a week to either restore the funds or, more likely, to appeal the ruling, which could potentially reach the Supreme Court, according to Reuters.

      The sixteen states involved in the lawsuit argued that the administration’s decision to cut funding would cause immediate financial damage, referencing funds already expended on infrastructure projects that had received federal funding approval. Judge Lin made exceptions for two states (Minnesota and Vermont) along with the District of Columbia in her ruling, as they were unable to demonstrate how they had been financially affected by the administration's actions.

      President Trump began targeting the electric vehicle mandates of the Biden administration almost immediately upon taking office again. His administration is attempting to reverse the expansion of charging infrastructure, decrease federal incentives for private electric vehicle purchases, and curtail the federal government’s own electrified fleet. Judge Lin's ruling is the latest setback for the administration, which is encountering both legal and legislative obstacles to its initiatives.

      During his first term, the Trump administration aggressively pursued not only the rollback of federal emissions standards but also sought to diminish the authority of individual states to set their own regulations regarding internal-combustion engines. Initially, the administration's campaign against California and its coalition of predominantly Democratic “CARB states” appeared successful; however, all of its early victories ultimately proved ineffective, as the Supreme Court eventually sided with the states against the federal government. Trump has vowed to revisit this issue in his second term, but it remains uncertain what path the administration can take that hasn’t already been explored; any permanent framework would likely require Congressional approval, where the Republican majority is narrow.

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