California v. U.S. Department of Transportation

Two lawsuits filed in the federal district court for the Western District of Washington challenged U.S. Department of Transportation and Federal Highway Administration actions freezing funds appropriated for the Charging and Fueling Infrastructure Program established by the 2021 Infrastructure Investment and Jobs Act (IIJA). The IIJA appropriated $2.5 billion to “support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States.” One lawsuit was filed by California, 14 other states, Pennsylvania Governor Josh Shapiro, and the District of Columbia (the states). The other was filed by two environmental organizations (Sierra Club and Natural Resources Defense Council) and Climate Solutions, which the complaint described as “a Northwest-based clean energy economy nonprofit.” The states’ lawsuit also challenged DOT and FHWA actions suspending the Electric Vehicle Charger Reliability and Accessibility Accelerator Program, which also was funded under the IIJA. The states alleged that the defendants “never publicly explained” their actions suspending the programs, which the complaint said had been held in limbo since early in the Trump administration. The states alleged that the failure to obligate funding under the programs constituted an impoundment that violated the separation of powers by contravening constitutional provisions, including the Spending Clause, the Take Care Clause, and the Presentment Clause. The states also asserted claims under the Administrative Procedure Act. The states’ complaint included allegations regarding the importance of the funding for the plaintiffs’ climate goals.