AG James and 16 Other States Sued the Department of Transportation for Illegally Freezing Funding for Electric Vehicle Charging Infrastructure
NEW YORK – New York Attorney General Letitia James won a court order to restore funding for electric vehicle infrastructure illegally frozen by the United States Department of Transportation (DOT). On May 7, Attorney General James and a coalition of 16 other attorneys general sued DOT for canceling essential funding already allocated by Congress for states to build out electric vehicle charging networks. Following a January 29 executive order calling for the elimination of the federal government’s nonexistent “electric vehicle mandate,” the Federal Highway Administration (FHWA) bypassed congressional authority and froze billions in federal funds to support electric vehicle infrastructure. The U.S. District Court for the Western District of Washington granted the coalition’s request for a preliminary injunction, reinstating federal funds that will help reduce dangerous pollution and support the increasing number of Americans with electric vehicles.
“Strong support for electric vehicle infrastructure is critical to tackling pollution and the climate crisis,” said Attorney General James. “This administration cannot undermine the authority of Congress and the Constitution just because the president does not like a policy that was passed with bipartisan support. This decision will help ensure states get the funding they need to support electric vehicles.”
Under the bipartisan Infrastructure Investment and Jobs Act (IIJA), Congress appropriated $5 billion for states to use on their electric vehicle charging infrastructure plans, allocated through the National Electric Vehicle Infrastructure (NEVI) Formula Program. The preliminary injunction restores approximately $120 million in NEVI funds for New York frozen by the Trump Administration. The funding, which has already led to the installation of 11 charging stations across the state, will support electric vehicle charging station development throughout New York City, the Hudson Valley, and on Long Island.
As Attorney General James and the coalition argued in their lawsuit and motion for a preliminary injunction, withholding this funding is illegal and unconstitutional. Congress explicitly appropriated funds for the NEVI program, and FHWA provided no legitimate explanation for revoking its approval of states’ plans to build out electric vehicle charging networks. The preliminary injunction prevents the administration from withholding NEVI funds for state plans for electric vehicle infrastructure construction that FHWA previously approved.
Joining Attorney General James in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.
