New York Attorney General Letitia James secured a court order to reinstate funding for electric vehicle infrastructure, which had been halted by the United States Department of Transportation (DOT). The legal action was initiated on May 7 by Attorney General James and a coalition of 16 other attorneys general. They challenged the DOT’s decision to cancel funding allocated by Congress for state electric vehicle charging networks.
The Federal Highway Administration (FHWA) had frozen billions in federal funds following a January 29 executive order aimed at eliminating what it called the federal government’s “electric vehicle mandate.” The U.S. District Court for the Western District of Washington granted a preliminary injunction requested by the coalition, thereby reinstating these federal funds.
Attorney General James stated, “Strong support for electric vehicle infrastructure is critical to tackling pollution and the climate crisis.” She emphasized that this decision upholds Congressional authority and ensures states receive necessary funding.
Under the Infrastructure Investment and Jobs Act (IIJA), Congress designated $5 billion for state electric vehicle charging infrastructure through the National Electric Vehicle Infrastructure (NEVI) Formula Program. The injunction restores approximately $120 million in NEVI funds for New York, previously frozen under former President Trump’s administration. These funds have already facilitated the installation of 11 charging stations across New York State.
The lawsuit argued that withholding these funds was both illegal and unconstitutional since Congress had specifically appropriated them for the NEVI program without FHWA providing valid reasons for its actions. The court’s decision prevents further withholding of NEVI funds from state plans approved by FHWA.
The lawsuit was supported by attorneys general from Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.
