Trump Froze Funds for a National EV Network. Now We’re Going to Court.

What’s happening: The Trump administration is withholding billions of dollars that Congress allocated to build a national network of electric vehicle (EV) charging stations. Now Earthjustice has moved to join a lawsuit challenging this illegal action.

Why it matters: Developing a network of EV charging stations is key to modernizing U.S. transportation and staying competitive with the rest of the world. Congress recognized this fact when it promised billions for states to build out this infrastructure. By freezing the money, the Trump administration is violating a number of laws, including the Constitution, which gives the legislative branch — not the White House — the power of the purse.

How we got here

• Carrying out an executive order by President Trump to “terminate” clean energy investments, the Federal Highway Administration and Department of Transportation have frozen a $5 billion investment in the National Electric Vehicle Infrastructure Formula Program, or NEVI.
• In 2021, Congress passed the program with bipartisan support to build EV charging stations along highways in every corner of the country.
• 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 have already been allocated, with states contracting thousands of workers to begin the buildout — but the states are now having to pause.

Rural and midwestern states may have more funds to lose per person if NEVI funds are rescinded. See interactive map.

Why the funding freeze is a terrible idea

• 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 high quality charging stations.
• Freezing this funding jeopardizes thousands of jobs that went to local builders and contractors in every state. The NEVI program is slated to create about 160,000 jobs in the U.S. As a result, Trump administration’s freeze, states have suspended implementation of their EV charging projects under the national EV program, including pausing their contracting.
• Congress made a bipartisan vote to fund the national EV infrastructure program; the president cannot unilaterally freeze it.

What Earthjustice is doing

• We have filed a motion to intervene in a lawsuit in which 17 states are challenging the Trump administration’s actions.
• We’re partnering in this fight with 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 Trump administration is going rogue by recklessly freezing funds authorized by Congress. We still have three branches of government in this country,” said Jan Hasselman, senior attorney with Earthjustice. “Without investments to build out EV charging, the United States will be left behind while the rest of the world moves forward.”
• This is not our first lawsuit challenging the Trump administration’s unlawful freezing of funds allocated by Congress. We are also suing the administration for abandoning funding promises to farmers and small business owners.