Thursday the White House "moved to halt a $5 billion initiative to build electric vehicle charging stations," reports Politico, "by instructing states not to spend federal funds previously allocated to them..." NPR described the move as "putting in limbo billions of dollars allocated to states with current and future projects..."
Politico notes the move "appears to upend years of precedent in which federal promises of funds for highway projects had given states an all-but-guaranteed assurance that they were free to spend them. It also raises legal questions... Funding experts had told POLITICO last year that decades of legal precedent would largely insulate the charging money...
Andrew Rogers [deputy administrator of the Federal Highway Administration, or FHWA, in the Biden administration] said in a text message that the new letter "appears to ignore both the law and multiple restraining orders that have been issued by federal courts." Rogers, who is now a senior vice president at Boundary Stone Partners, said the move appears to be "in direct violation" of the Impoundment Control Act of 1974, a Watergate-era law that prohibits presidents from unilaterally canceling congressionally approved spending. Trump has contended that the law is unconstitutional.
Politico also got a quote from the chief analyst at analytics firm Paren, who predicts lawsuits from affected states and that the final impact of the move will be "just causing havoc and slowing things down for awhile."
[A letter to state transportation directors from the Federal Highway Administration] clarifies that states will be able to receive reimbursements for "existing obligations" to design and build stations "in order to not disrupt current financial commitments." According to the letter, FHWA plans to publish new draft guidance on the NEVI program in the spring, followed by a comment period, before issuing new final guidance. Only then will states be able to resubmit their annual implementation plans for all fiscal years of the program.
"But that doesn't mean that the the program is going to be sunset or the funds are not going to be made available again to the states," Nick Nigro, the founder of Atlas Public Policy consultancy told NPR:
Several experts tell NPR that as a result of its overwhelming bipartisan support at the time, attempts to overturn it within the executive branch are likely to be challenged in court. Nigro believes the funding will resume eventually...
So far, 56 stations [with multiple chargers] are up and running as a result of the program, while more than 900 sites in total have been "awarded" to date, according to Loren McDonald, chief analyst at Paren, another research analytics firm. McDonald said several hundred of the awarded sites are currently under construction and expected to open this year. He does not believe the FHWA has the authority to pause or rescind any aspect of the NEVI program... "I assume lawsuits from states will start soon, and this will go to court and Congress," McDonald said in a statement.
The move has "confounded states, which had been allocated billions of dollars by Congress for the program," the New York Times reported Friday. "[S]ome state officials said that as a result of the memo from the Trump administration, they had stopped work on the charging stations. Others said they intended to keep going."
The Washington Post reports that a Texas Department of Transportation official "said it would continue to deploy federal funds for EV chargers until it receives further guidance," and that Ryan Gallentine, managing director at the national business association Advanced Energy United, said that states "are under no obligation to stop these projects based solely on this announcement."
Politico adds:
Also on Thursday, FHWA took down several internet pages providing information on NEVI and its sister program, the $2.5 billion Charging and Fueling Infrastructure grant program... Amid the confusion, at least six states — Alabama, Oklahoma, Missouri, Rhode Island, Ohio and Nebraska — have put their NEVI programs on hold, according to McDonald. Rhode Island and Ohio had been considered leading states in implementing the program.
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