SEATTLE — In a significant ruling, a federal judge in Seattle has mandated that the Trump administration rescind an executive order that halted the allocation of billions of dollars designated for electric vehicle (EV) infrastructure.
The case revolves around the National Electric Vehicle Infrastructure Formula Program, part of a vast infrastructure bill that Congress passed and President Joe Biden signed into law in 2021, which was intended to distribute $5 billion to states for the construction of charging stations to enhance EV deployment.
Following the return of President Donald Trump to the White House in January, he issued an executive order titled “Unleashing American Energy,” which initiated reviews of several energy and transportation policies, including federal funding for electric vehicles.
Shortly thereafter, the U.S. Department of Transportation suspended the NEVI charging program, pausing initiatives pending updated guidance.
In response, sixteen states, including California and Washington, initiated a lawsuit, asserting that the Trump administration had breached existing laws by withholding funds allocated to the NEVI program.
U.S. District Judge Tana Lin heard the case, and on Tuesday, she granted a partial preliminary injunction to restore funding for the program.
Judge Lin, aligning with the plaintiffs, articulated, “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.”
The judge highlighted a specific instance following the Department of Transportation’s suspension of NEVI funding: a California state employee sought to access over $310,000 for the construction of a Tesla charging station in San Diego, only to encounter an error message stating, “Request cannot be processed. One or more Program Code balances has been exceeded.”
Although Lin’s ruling did not specify the precise location of the San Diego charging station, its mention drew additional attention to the case.
Adding a pop culture element, Judge Lin referenced an episode of “The Simpsons” in her 66-page decision, stating, “In a 1995 episode of ‘The Simpsons,’ Homer must cut short a tearful goodbye with his long-lost mother after her traveling companions protest that their ‘electric van only has 20 minutes of juice left!’”
She continued, noting that “Some 26 years later, Congress sought to address the phenomenon that has come to be known as ‘range anxiety,’” describing the discomfort that EV drivers experience when they are uncertain about the availability of charging stations.
Lin, appointed by Biden, has served in the Western District of Washington since December 2021.
The reaction from the Department of Transportation was sharp, with a spokesperson stating, “Another day, another liberal judicial activist making nonsensical rulings from the bench because they hate President Trump.” The statement critiqued the NEVI program under the previous administration as “a disaster and failed miserably to deliver EV chargers.”
California Attorney General Rob Bonta expressed satisfaction with the ruling, citing it as an order blocking what he termed the Trump administration’s “unconstitutional attempt” and emphasizing the state’s commitment to defending against executive overreach.
Despite this ruling, the legal battle is not over. Judge Lin has issued a stay on her preliminary injunction until July 1, allowing the Department of Transportation time to file an appeal with the Ninth Circuit, located in San Francisco. If the appeal is not submitted by that date, the injunction will come into effect on July 2.
The Department of Transportation stated it is currently evaluating its legal options regarding the ruling.
Although Lin’s decision impacts most of the states involved in the lawsuit, it was not extended to Minnesota, Vermont, and the District of Columbia, as she noted that plaintiffs in those areas had not shown sufficient evidence of delayed or canceled projects.
California has encountered friction with the Trump administration on several occasions. Recently, Trump endorsed resolutions to prevent California from prohibiting the sale of new gasoline-powered cars and light trucks by 2035. In response, Governor Gavin Newsom and Attorney General Bonta initiated a lawsuit, claiming that Trump improperly implemented the Congressional Review Act to overturn California’s Clean Air Act waivers.
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