Attorney General James Sues U.S. Department of Transportation Over Illegal Attacks on Electric Vehicles

NEW YORK – New York Attorney General Letitia James and a coalition of 16 other attorneys general today filed a lawsuit against the United States Department of Transportation (DOT) and DOT Secretary Sean Duffy for illegally cutting off critical funding to support states’ plans to build a nationwide electric vehicle charging network. On January 29, the president signed an Executive Order calling for the elimination of the federal government’s nonexistent “electric vehicle mandate.” As a result, the Federal Highway Administration (FHWA) revoked funding allocated by Congress for every state’s plans to build out a network of electric vehicle charging stations. Attorney General James and the coalition argue that the administration’s moves to freeze billions of dollars in federal funds to support electric vehicle infrastructure are illegal and will contribute to more dangerous pollution. Attorney General James and the coalition are seeking a court order ruling that these actions are unlawful and unconstitutional, and ordering DOT to stop taking steps to withhold electric vehicle infrastructure funds.

“The administration’s illegal action is a roadblock to New York’s progress to build electric vehicle infrastructure and attack the climate change crisis,” said Attorney General James. “It is disappointing that the president would decimate this bipartisan legislation and jeopardize a dozen electric vehicle projects across New York.” 

As part of the bipartisan Infrastructure Investment and Jobs Act (IIJA), Congress created the National Electric Vehicle Infrastructure (NEVI) Formula Program and appropriated $5 billion to be distributed to states that submitted plans to FHWA for building electric vehicle charging infrastructure. As Attorney General James and the coalition assert in the lawsuit, the funding is mandatory. By law, any state that has submitted an approved plan must receive its share of NEVI funds, and in total, FHWA has already approved more than 150 plans. This infrastructure is necessary to encourage the widespread adoption of electric vehicles, which will help reduce pollution that causes smog and health problems like cancer and asthma and contributes to devastating climate change.

On January 29, the president signed an Executive Order mandating all federal agencies immediately withhold funds from the IIJA and Inflation Reduction Act (IRA), including funds for electric vehicle charging stations made available through the NEVI program. Following the order, FHWA retroactively revoked all prior approvals of state electric vehicle charging infrastructure plans and unilaterally froze all NEVI funding to the states.

New York has been awarded over $175 million in federal funds from the NEVI program, with $120 million currently being withheld by the Trump administration. NEVI funds in New York have already supported the construction of 11 charging stations throughout the state, with 12 more currently in development, including in New York City, Western New York, and the Hudson Valley. The current funding freeze also jeopardizes proposals for more electric vehicle charging station development in New York City, the Hudson Valley, and on Long Island.

Attorney General James and the coalition argue that the administration’s attacks on electric vehicle infrastructure are plainly illegal. Congress explicitly appropriated funds for the NEVI program, and FHWA provided no legitimate explanation for revoking its approval of states’ plans. The administration has no authority to withhold funds appropriated by Congress for a specific program just because the president disagrees with the underlying policy. Attorney General James and the coalition assert that the administration’s actions violate the Administrative Procedure Act and the U.S. Constitution.

With this lawsuit, Attorney General James and the coalition are seeking a court order declaring the Trump administration’s actions unlawful and unconstitutional, and stopping the implementation of the directive in the Executive Order to withhold NEVI Formula Program funds.

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.