New York Attorney General Letitia James, along with attorneys general from 16 other states, has filed a lawsuit against the United States Department of Transportation (DOT) and its Secretary, Sean Duffy. The lawsuit challenges the administration's decision to halt funding for electric vehicle charging infrastructure, which was previously allocated by Congress.
The conflict began when an Executive Order signed on January 29 called for the elimination of what was described as a non-existent "electric vehicle mandate." This led the Federal Highway Administration (FHWA) to revoke funding intended for state plans to develop a nationwide network of electric vehicle charging stations. According to Attorney General James and her coalition, this action is illegal and contributes to environmental pollution.
Attorney General James stated, "The administration’s illegal action is a roadblock to New York’s progress to build electric vehicle infrastructure and attack the climate change crisis." She expressed disappointment in the president's decision, which she believes undermines bipartisan legislation supporting electric vehicle projects across New York.
Under the Infrastructure Investment and Jobs Act (IIJA), Congress established the National Electric Vehicle Infrastructure (NEVI) Formula Program with $5 billion earmarked for states that submitted approved plans. The lawsuit argues that these funds are mandatory and should be distributed as planned. More than 150 state plans have already received FHWA approval.
The Executive Order issued on January 29 directed federal agencies to withhold funds from both the IIJA and Inflation Reduction Act (IRA), affecting NEVI program allocations. As a result, FHWA retroactively revoked approvals for state plans and froze NEVI funding.
New York stands to lose over $175 million in federal funds due to this freeze, impacting ongoing projects such as 11 completed charging stations and 12 more under development across various regions including New York City and Long Island.
Attorney General James contends that withholding these funds is unlawful because Congress explicitly appropriated them for the NEVI program. She argues that there is no valid justification provided by FHWA for revoking plan approvals. The lawsuit claims these actions violate both the Administrative Procedure Act and the U.S. Constitution.
The coalition seeks a court order declaring these actions by the Trump administration unlawful and unconstitutional while stopping further implementation of directives outlined in the Executive Order regarding NEVI Formula Program funds.
Joining Attorney General James in this legal action are 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.