Legal Win Forces Trump Administration to Unfreeze $5 Billion for EV Charging

What’s happening: A federal judge has restored billions of dollars that Congress allocated to build a national network of electric vehicle (EV) charging stations. Representing a coalition of organizations and in partnership with several states, Earthjustice sued the Trump administration for illegally freezing the funds last spring.

Why it matters: Developing a network of EV charging stations is key to modernizing  transportation in the U.S. and staying competitive with the rest of the world. Congress recognized this fact when it allocated billions for states to build out this equipment. By freezing the money, the Trump administration violated the law and ignored the will of Congress.

How we got here

• Last May, in response to an executive order by President Trump to “terminate” clean energy investments, the Federal Highway Administration and Department of Transportation froze $5 billion in funding for the National Electric Vehicle Infrastructure Formula Program, or NEVI.
• Congress funded the program in 2021 to build EV charging stations along highways and major corridors in every corner of the country to give Americans in every state access to equipment to charge their cars.
• All 50 states, as well as Washington D.C. and Puerto Rico, submitted plans to build EV charging infrastructure under the program, with Texas as the largest beneficiary. Over half of the funds had already been allocated, with states contracting thousands of workers to begin the buildout. Trump’s funding freeze threatened that work and those contracts.

Rural and midwestern states may have more funds to lose per person if NEVI funds are rescinded. See interactive map. (Map by Plug In America)

How Earthjustice fought back

• In response to the freeze, we joined a lawsuit in which 17 states challenged the Trump administration’s actions.
• We got involved to expand the fight and protect affordable charging access in every state, and not only in the 17 states challenging the Trump administration
• This latest victory allows long-delayed charging projects to move forward across the U.S. The judge has permanently barred the U.S. Department of Transportation from withdrawing states’ funds or interfering with project implementation under the EV program.
• We partnered with a broad coalition of environmental, consumer, and community groups: the Sierra Club, Climate Solutions, NRDC, Plug In America, the Southern Alliance for Clean Energy, CleanAIRE NC, the West End Revitalization Association, and the Southern Environmental Law Center.

The country needs more EV chargers

• The American public is increasingly opting for electric vehicles as they become more accessible. Used EVs are more affordable than used gasoline vehicles, and the lifetime cost of owning an EV is already lower than combustion cars in most cases. More drivers are recognizing these benefits and are opting to go electric.
• The NEVI program ensures that all drivers — from urban to rural areas in all corners of the country — have access to fast charging equipment, especially for long distance travel.
• The funds we helped unlock will support thousands of jobs for local builders and contractors in every state.