17 States Suing DOT for Suspending EV Charging Infrastructure Funds

Seventeen states are suing the U.S. Department of Transportation for suspending the distribution of funds fund electric vehicle charging infrastructure.

The suit is a response to President Trump’s executive order on Jan. 20 to eliminate the electric vehicle mandate and freeze disbursements of EV infrastructure funds. It upends the National Electric Vehicle Infrastructure Formula Program, created by Congress under the Infrastructure Investment and Jobs Act.

The IIJA appropriated $5 billion for the purpose of providing funding to the states to strategically deploy EV charging infrastructure and to establish an interconnected network to facilitate data collection, access and reliability.

The lawsuit, filed in the U.S. District Court in Seattle, Washington, argues that Trump lacks authority to halt congressionally mandated programs.

“President Trump has unleashed an attack on an increasingly popular consumer choice—the electric vehicle,” the lawsuit states.

Trump’s executive order proclaims it the policy of the United States to eliminate the EV mandate. However, the federal government has never adopted any such EV mandate. The executive order directs the Federal Highway Administration to usurp Congress’ legislative and spending powers by withholding congressionally appropriated funding for EV charging infrastructure, the suit argues.

On February 6, the Federal Highway Administration notified states in a letter it had taken actions to suspend the NEVI Formula Program.

This action seeks declaratory and injunctive relief against the Defendants’ unlawful actions.

States names as plaintiffs in the suit are: Washington, Colorado, California, Arizona, Delaware, District Of Columbia, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, f New York, Oregon, Rhode Island, Vermont and Wisconsin.

The DOT and DOT Secretary Sean Duffy are named as defendants.