NY Joins 16-State Lawsuit on Federal EV Cash
TL/DR –
New York Attorney General Letitia James and 16 other states have filed a lawsuit against the U.S. Department of Transportation for freezing funds earmarked for electric vehicle charging. The lawsuit argues that the Trump administration lacks the legal authority to pull the money, approximately $120 million, which Congress had already approved under the 2021 Infrastructure Investment and Jobs Act. The suit requests the court to declare the funding freeze unlawful and unconstitutional, and to order the Department of Transportation to resume approvals, restore funding, and prevent future attempts to withhold such funds without following the law.
New York State Agencies to Electrify Vehicle Fleet
On May 7, New York Attorney General Letitia James filed a lawsuit against the U.S. Department of Transportation for freezing $120 million earmarked for electric vehicle charging. She was joined by attorneys general from 16 other states and the District of Columbia. They argue that President Trump’s DOT lacked legal authority to withdraw the funds, which were allocated under the 2021 Infrastructure Investment and Jobs Act.
President Trump’s executive order “Unleashing American Energy” halted the payout of funds from the IIJA and the 2022 Inflation Reduction Act for electric vehicle charging stations. The president cites high regulatory costs, stifled job growth, and threats to national security.
The lawsuit seeks to declare the fund freeze unconstitutional and unlawful under the Administrative Procedure Act. It asks the court to order the DOT to resume funding approvals and to block any future attempts to withhold such funds without complying with the law.
“The administration’s illegal action impedes New York’s progress in constructing electric vehicle infrastructure and tackling the climate change crisis,” James said. The lawsuit argues that states with approved EV charging plans must receive NEVI funds without additional review or agency discretion.
Congress allocated $5 billion for NEVI in the IIJA. New York’s share was $175 million over five years, but $138 million approved for 2022 to 2025 is now frozen. Without these funds, 12 charging stations under development by the New York State Energy Research and Development Authority can’t proceed.
Besides reducing smog and protecting public health through lowered cancer-causing emissions, James says New York’s NEVI funding aims to meet increasing demand for EVs. “New York State is firmly against the Trump Administration’s decisions that undermine a more efficient transportation system,” said NYSERDA President and CEO Doreen Harris.
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