A federal judge Tuesday ordered the Trump administration to release billions of dollars in funding for the build out of electric vehicle chargers in more than a dozen states.
U.S. District Judge Tana Lin in Washington state partially granted a preliminary injunction that sought to free up the money approved under then-President Joe Biden that the Trump administration withheld earlier this year. Sixteen states and the District of Columbia sued over the move, arguing that the administration did not have the authority to block the congressionally approved funds. The program was set to allocate $5 billion over five years to various states, of which an estimated $3.3 billion had already been made available.
Lin ordered that funding be released in 14 of the states, including in Arizona, California and New York. But she denied granting the preliminary injunction for D.C., Minnesota and Vermont, saying that they did not provide enough evidence that they would face “irreparable harm” if the money wasn’t immediately freed up.
Lin said the Trump administration overstepped its constitutional authority when it froze the funding previously approved by Congress in 2021 as part of the Bipartisan Infrastructure Law.
“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 order will go into effect July 2 unless the Trump administration appeals. The Federal Highway Administration did not immediately respond to an email request for comment on the decision.
The Trump administration in February directed states to stop spending money for electric vehicle charging under the program. The move was part of a broader push by the Republican president to roll back environmental policies advanced by his Democratic predecessor.
States suing the Trump administration said the decision to freeze funding halted projects midstream, requiring immediate court intervention.
California Attorney General Rob Bonta, a Democrat, said after the ruling that the Trump administration could not “dismiss programs illegally.”
“We are pleased with today’s order blocking the Administration’s unconstitutional attempt to do so, and California looks forward to continuing to vigorously defend itself from this executive branch overreach,” he said in a statement.
The Trump administration argued that it was working on new guidance for the program and was only pausing future funding in the meantime.
The program was meant to assuage concerns about electric vehicles and build infrastructure along highway corridors first, then address gaps elsewhere once the state highway obligations were met.
Some states with projects running under the program have already been reimbursed by the Biden-era federal funds. Others are still contracting for their sites. Still more had halted their plans by the time the Trump administration ordered states to stop their spending. Regardless, getting the chargers installed and operating has been a slow process with contracting challenges, permitting delays and complex electrical upgrades.
It was expected that states would fight against the federal government’s efforts to slow the nation’s electric vehicle charger build out. New York, for example, which is part of the lawsuit, has been awarded over $175 million in federal funds from the program, and state officials say $120 million is currently being withheld by the Trump administration.