Ramhith Akurati
Associate Editor
Loyola University Chicago School of Law, JD 2026
For the first time ever, American automotive company Tesla will open a portion of its U.S. Superchargers and Destination Charger network for non-Tesla electric vehicles (“EVs”)–including 7,500 of its chargers–following an action by the Department of Transportation and Energy. The Department of Transportation and Energy finalized the new standards to make charging EVs more convenient and reliable for consumers. Other companies in the private sector, including Hertz, bp, and General Motors, will also establish a network of chargers using the Tesla charging ports. The Biden-Harris Administration is lending its support for EV standardization, attempting to make Tesla’s charging ports the industry standard for EV charging in America. This new regulatory framework seeks to establish the Biden-Harris Administration’s “Made in America” policies, which include revolutionizing the country’s EV charging network so that the “great American road trip” can be electrified.
U.S. Department of Transportation’s EV connector standard
The Federal Highway Administration issued a press release in December of 2023 announcing that the new standard for EV charging will be available to suppliers and manufacturers so that they can deploy the Tesla-developed North America Charging Standard (NACS) connector. The majority of automakers, including GM and Ford, have announced that they will adopt the NACS on vehicles starting in 2025 and will also supply adaptors for existing vehicles immediately.
Only a couple of years ago, Tesla was bidding to be the EV charging standard against the Combined Charging System (CCS) connector. The CCS was developed by the European Automobile Manufacturers Association and was under consideration to be the standard for EV charging in the United States. CCS is also used by American automakers Ford and GM. However, the U.S. Department of Transportation chose the NACS connector over the CCS based on their research and data. The NACS connector is half the size, and twice as powerful compared to the CCS connector. Moreover, vehicles using the NACS connector were double that of vehicles using the CCS connector. And the Tesla charging network had already established 60% more charging stations than stations with the CCS connector. Moreover, it is unexpected that the Biden-Harris Administration agreed to a charging standard that benefits Tesla considering the Administration’s public support for unionized American automakers like Ford and GM. Tesla has not received invitations to numerous White House events which celebrate electric vehicles due to their non-union status. This just shows how far advanced Tesla’s technology and EV network is compared to other American car manufacturers.
Future of the EV market and regulations
This decision by the Biden-Harris Administration comes after automakers like Ford have failed to gain significant market share in the electric vehicle space and have shifted their focus to hybrid vehicles instead; putting a clear barrier in the Biden-Harris Administration’s plan to expand their climate efforts. With a nationally standardized charging port for all vehicles, the United States may be able to increase their EV market next year. However, with the upcoming 2024 Presidential Election where Vice President Kamala Harris will face former President Donald Trump–a proponent of gas vehicles–it is unknown whether America will expand its electric vehicles or continue its switch to produce hybrid vehicles.
Perhaps the biggest hurdle to Tesla’s growing grasp on the EV market is the Supreme Court decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., issued on June 28th, 2024, overturning the Chevron doctrine. The Doctrine allowed regulatory agencies, established by Congress, to make and enforce regulations in various industries based on the agency’s interpretation of the law. The Loper Bright decision by the Supreme Court struck down this power and placed it back into the hands of the judicial branch. Regulatory agencies are no longer allowed to interpret laws in favor of implementing their regulations. This could affect the use of Tesla’s charging connector as the national standard as it may not have been a power delegated to the U.S. Department of Transportation, thus making it an invalid regulation and compliance.
The aim of the regulatory standard is to allow more companies to compete in the electric vehicle market as well as incentivize consumers to purchase an electric vehicle over a gas or hybrid vehicle. However, it is becoming more clear that consumers would rather opt for hybrid vehicles with high gas milage over expensive electric vehicles that need long charging sessions. The hesitance of American consumers to fully commit to EVs may stymie the Biden-Harris Administration’s action in these areas–the great American road trip may not be so electric after all.