After nearly three months of uncertainty surrounding the fate of billions in federal transportation and infrastructure funding, a new court ruling has found the President’s attempts to freeze funding unlawful. Will the administration get on with it and implement the surface transportation programs?
Great news! A federal judge (appointed by President Trump in 2019) overseeing a case on the ever-extending federal funding freeze has ruled in favor of states, cities, and nonprofits, finding that the federal government overstepped its authority in freezing project funds that they viewed as out of step with their priorities.
Unfortunately, if the past is precedent, this might just be another decision in a series of legal rulings ignored by the administration. Unfortunately, it seems that the courts are unlikely to solve things for grantees. Grantees need to demonstrate strong support from their community and elected officials, and ensure that the administration and their congressional delegation are well aware of it.
It does not have to be this way. There is a lot the Trump administration could fix in the current transportation program. We at Transportation for America agree that the federal government spends too much for too little benefit and could use an overhaul of the status quo. This administration has had a major opportunity to improve outcomes by focusing on fiscally responsible fix it first investments, and family focused safety improvements that value safety over speed of vehicles, and the efficient execution of projects that invest in the rest of the transportation system by building out the world’s best, affordable quality transit and active transportation infrastructure.
Instead, it has been a chaotic start during these first months of the administration, especially when it comes to transportation policy. On their first day, the administration effectively paused funding for all Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) projects, including those that likely aligned with the President’s priorities, due to a poorly worded Executive Order that now underpins much of the administration’s policy. Then, they nearly paused all federal funding, including the funding included in the infrastructure law. Within two weeks, an estimated $20 billion worth of projects with grant agreements were threatened under Secretary Duffy’s day-one “Woke Rescission” memo. While they apparently did not follow through with full implementation of the memo, the federal government still suspended states’ ability to spend appropriated electric vehicle infrastructure formula funds and attempted to centralize review of state DOTs’ and Metropolitan Planning Organizations’ transportation improvement plans for alignment with the administration’s priorities. Although that memo was reversed, there is still deep uncertainty for the jurisdictions implementing projects. Even in cases where projects should be able to move forward, the staff who would be assigned to move these projects forward are either fired or forced to take paid leave, instead of working.
Most recently, an internal memo shifted USDOT’s focus to scrutinizing announced but unobligated discretionary grants, targeting projects that fund bike lanes, “green infrastructure,” electric vehicle chargers, and equity analyses for opportunities to cancel or compel changes to projects, and tying up the agency’s remaining staff with extended reviews. In the meantime, we have heard of multiple instances of delay in programs like the Safe Streets and Roads for All program, resulting in real consequences, such as project cost increases, with some localities even having to go so far as to issue stop-work orders.
Finally, we come to this week’s ruling in federal court that affirms that the executive branch does not have unilateral decision-making power over programs funded by Congress. We’ll be waiting to see if the administration obeys the court’s orders, considering the past few months of chaos have been punctuated by brief reprieves thanks to courts weighing in. We won’t be holding our breath.
As additional cases wind their way through the courts, federally funded safety projects still face uncertainty. We urge you to continue to advocate for your projects with the press and your elected officials at all levels, but particularly at the Congressional level.
Elected officials, planners, practitioners, engineers, advocates, and people at all levels need to take action to ensure the administration complies with orders like these and that Congress understands that the public is paying attention.
Let your local elected officials know that they should demand clarification from your federal representatives. Let them know your concerns regarding the negative economic, health, and safety impacts that these projects’ cancellations or delays would result in. At the end of the day, this is a political battle, not a legal one.
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