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Federal judge issues ruling to free up $5 billion for EV charging infrastructure: 'Clears the way ... to implement [plans]'

"The Court's order … permanently bars the federal government from unlawfully withdrawing states' funds."

A federal judge ruled that Donald Trump's Department of Transportation acted unlawfully when it froze a $5 billion initiative to help build EV charging stations.

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A federal judge ruled that the Department of Transportation and the Federal Highway Administration acted unlawfully when they froze a $5 billion initiative to help build EV charging stations across the country. 

According to Utility Dive, U.S. District Judge Tana Lin ruled that the agencies could not withhold funding from the National Electric Vehicle Infrastructure Initiative for any reason not specified in the 2021 Infrastructure Investment and Jobs Act. 

The Trump administration "yanked the NEVI Formula Program's cord out of the outlet, calling for an instantaneous and sudden cessation of the program, at least until it could be re-started under the auspices of the new administration," Lin said in her ruling. 

"Such capriciousness runs counter to the Administrative Procedure Act; it is simply not how things are lawfully done."


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The 2021 program was designed to help states build out EV charging infrastructure along highways and high-traffic areas, making it easier for electric vehicle drivers to travel without fear of running out of juice. 

It covered up to 80% of the cost, provided the project met the criteria of being publicly accessible, non-proprietary (meaning any EV brand can use it), and capable of maintaining at least 6 kilowatts of charge across all its ports at once. 

Initiatives like this make it easier than ever to drive an EV, but charging from home rather than relying on public charging stations is the best way to save money. 

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In this case, the issue stemmed from the administration requiring states to resubmit previously approved projects to meet new, purportedly streamlined guidelines, leaving many states to foot the bill for projects they'd already started. 

Now, advocates hope the work can begin in earnest, as the Southern Alliance for Clean Energy said in a press release.

"The Court's order clears the way for states to implement the NEVI plans they have worked for years to develop, and permanently bars the federal government from unlawfully withdrawing states' funds or interfering with states' implementation," it read.

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