SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
infrastructure investment and jobs act
Government Watchdog: Trump Administration Illegally Withheld EV Charger Funds
"These bipartisan investments need to start flowing immediately," the top Democrat on the Senate Appropriations Committee said of the GAO finding as a lawsuit over the funding got a boost from green groups.
May 22, 2025
Key congressional Democrats on Thursday welcomed a government watchdog's finding that the Trump administration unlawfully withheld appropriated funds for building electric vehicle charging infrastructure across the United States‚ a decision that came as advocacy groups joined a related lawsuit filed by state attorneys general.
Shortly after returning to office in January, President Donald Trump issued an executive order directing agencies to pause disbursement of funds appropriated under the Inflation Reduction Act and the bipartisan Infrastructure Investment and Jobs Act, specifically mentioning the National Electric Vehicle Infrastructure (NEVI) Formula Program.
In response, the U.S. Department of Transportation (DOT) and one of its agencies, the Federal Highway Administration, in February canceled previously issued guidance for the NEVI program and suspended plans that states had submitted for grant money—which led to calls for Congress to stand up to the administration's "illegal attempts to halt legally mandated funding."
The Government Accountability Office (GAO) said in its Thursday decision that the department violated the Impoundment Control Act: "DOT is not authorized to withhold these funds from expenditure and DOT must continue to carry out the statutory requirements of the program. While DOT cannot withhold these funds under the ICA, DOT could propose funds for rescission or otherwise propose legislation to make changes to the NEVI Formula Program for consideration by Congress."
"The Trump administration didn't just break the law—it shortchanged the American people."
Politicoreported that "the GAO could issue similar rulings in the coming months, as the independent, nonpartisan watchdog agency works through at least 39 investigations into whether the Trump administration violated the Impoundment Control Act. GAO rulings are nonbinding but could influence Congress' response to... Trump's freezing of billions of dollars lawmakers intended to flow to specific programs and projects, as well as the many ongoing lawsuits challenging the president's tactics."
In a Thursday statement about the GAO findings, U.S. Senate Appropriations Committee Vice Chair Patty Murray (D-Wash.) said, "This legal decision affirms what we've long known: The president is breaking the law to block funding Congress passed on a bipartisan basis and that is owed to the American people—simply because he disagrees with it. This plain fact is unacceptable—and it cannot stand any longer."
"Congress passed the Bipartisan Infrastructure Law by wide margins and specifically provided funding for every state to build out a network of chargers for the electric vehicles that families are increasingly turning to and that are being made right here in America, she continued. "These investments should be getting out the door—creating new jobs and helping Americans get where they need to go without interruption—but President Trump has illegally choked this funding off."
"These bipartisan investments need to start flowing immediately—as do the hundreds of billions of dollars in other investments President Trump is holding up," she added, taking aim at his Office of Management and Budget (OMB) director. "I don't care about Russ Vought's personal interpretation of our spending laws; the Constitution is clear, and President Trump simply does not have the power of the purse—Congress does."
House Budget Committee Ranking Member Brendan Boyle (D-Pa.) released a similar statement welcoming the GAO's new legal opinion that "the Trump administration broke the law when it blocked funding that Congress had already approved."
"That money was supposed to build and maintain a nationwide EV charging network—and with it, create good-paying jobs in communities across the country," he stressed. "Instead, the administration stalled economic growth, delayed critical infrastructure, and undermined job creation—all without a shred of legal authority."
"This wasn't just a legal violation. It was an economic setback for American workers, and a direct hit to the communities counting on these investments," Boyle added. "The Trump administration didn't just break the law—it shortchanged the American people."
According to Politico, while the DOT could not be reached for comment, an OMB spokesperson called GAO's opinion "wrong" and said the department is "appropriately using the authority granted to it by statute to review state plans."
Standing up for cleaner vehicles and clean air. @sierraclub.org @climatesolutions.org @earthjustice.org and allies sue Trump Admin for illegally impounding funds that Congress appropriated for EV charging. www.sierraclub.org/press-releas...
[image or embed]
— Ross Macfarlane (@rossmacfarlane.bsky.social) May 22, 2025 at 3:53 PM
The attorneys general of 16 states and the District of Columbia disagree, and have filed a lawsuit in the U.S. District Court for the Western District of Washington. The Sierra Club, CleanAIRE N.C., Climate Solutions, Earthjustice, Natural Resources Defense Council, Plug In America, the Southern Alliance for Clean Energy, the Southern Environmental Law Center, and the West End Revitalization Association joined that legal challenge on Thursday.
"Donald Trump is trying to cut jobs, increase pollution, and endanger our health. We refuse to let him," said Sierra Club executive director Ben Jealous in a statement. "NEVI benefits everyone, whether you drive an EV or not, and the only people who benefit from blocking it are Big Oil and auto executives seeking to keep us hooked on fossil fuel-powered cars, while communities in every corner of the country lose out on infrastructure investments in our growing clean energy economy."
"The NEVI program is working and states are legally entitled to the money allocated to them by Congress," Jealous added. "Once again, we are taking the Trump administration to court over its reckless and illegal actions."
Keep ReadingShow Less
Congress Urged to 'Stand Up for Itself' as Trump Admin Halts EV Charger Program
"Freezing these EV charging funds is yet another one of the Trump administration's unsound and illegal moves," said one climate advocate.
Feb 07, 2025
Climate campaigners are blasting the Trump administration's move to halt a $5 billion initiative to build electric vehicle chargers along highways across the United States and calling on Congress to fight back against the attack on the grant program from the 2021 bipartisan infrastructure law.
The National Electric Vehicle Infrastructure (NEVI) Formula Program was established by the Infrastructure Investment and Jobs Act. Natural Resources Defense Council's Beth Hammon said in a Friday statement that "on a bipartisan basis, Congress funded this program to build a new vehicle charging network nationwide. The Trump administration does not have the authority to halt it capriciously."
Hammon, a senior vehicle charging advocate at the group, warned that "stopping funding midstream will result in chaos and delays in states across the nation. It will throw state efforts into turmoil, wreak havoc with the companies that install the chargers, and risk the jobs of their workers. The only winner from this chaos is the oil industry."
"This should not stand. Courts have already blocked the Trump administration's other illegal attempts to halt legally mandated funding," she added. "Congress needs to stand up for itself: This move and many others from the Trump administration steals away its constitutionally established spending authority."
Katherine García, director of the Sierra Club's Clean Transportation for All campaign, similarly declared Friday that "freezing these EV charging funds is yet another one of the Trump administration's unsound and illegal moves. This is an attack on bipartisan funding that Congress approved years ago and is driving investment and innovation in every state, with Texas as the largest beneficiary."
"Throwing out states' plans, which were carefully built together with business, utilities, and communities, only hurts America's growing clean energy economy," she stressed. "The NEVI program has helped the U.S. build out the infrastructure needed to support our nation's necessary transition to pollution-free vehicles. More electric vehicle charging means better public health, reduced climate emissions, good-paying green jobs, and healthier communities."
President Donald Trump has taken various anti-climate actions since Inauguration Day—declaring a "national energy emergency," ditching the Paris agreement again, and enabling new liquefied natural gas exports. One executive order calls for "terminating the Green New Deal," and directs agencies to pause disbursement of funds appropriated through the Inflation Reduction Act and the 2021 law, specifically mentioning the NEVI program.
Trump targeted the initiative despite his ties to Tesla CEO Elon Musk, head of the president's destructive Department of Government Efficiency. Wiredreported that the billionaire's "electric automobile company has been a recipient of $31 million in awards from the NEVI program, according to a database maintained by transportation officials, accounting for 6% of the money awarded so far."
The Federal Highway Administration on Thursday sent a letter—first reported by InsideEVs—informing state transportation departments that "the new leadership of the Department of Transportation (U.S. DOT) has decided to review the policies underlying the implementation of the NEVI Formula Program," and, as a result, "is also immediately suspending the approval of all" state deployment plans previously greenlit by the Biden administration.
As Heatmapdetailed:
According to Paren, an EV charging data analytics firm that has been closely following the rollout of the NEVI program, states are legally entitled to spend roughly $3.27 billion on NEVI. That accounts for plans approved for fiscal years 2022 through 2025. To date, states have awarded about $615 million of the funds to just under 1,000 projects—with 10% of those projects being led by Tesla.
The letter says states will still be able to get reimbursed for expenses related to previously awarded projects, "in order to not disrupt current financial commitments." But the more than $2.6 billion that has not been awarded will be frozen.
The outlet noted that advocates expected Trump's attacks on the program won't survive legal challenges.
"This should be carefully scrutinized by states and the legal community," said Justin Balik, the senior state program director for Evergreen Action, "as it looks like an attempt to sabotage the program based on ideology that's dressed up in bureaucratic language about plan and guidance revisions."
Andrew Rogers, a former deputy administrator and chief counsel of the Federal Highway Administration, told Wired that "there is no legal basis for funds that have been apportioned to states to build projects being 'decertified' based on policy."
Paren chief analyst Loren McDonald also doesn't think that the Trump administration can legally suspend the program.
"I'm assuming the lawsuits from states will start soon, and this will go to court and Congress," McDonald toldPolitico. "But the Trump [administration] will succeed in just causing havoc and slowing things down for a while."
Already, Alabama, Oklahoma, Missouri, Rhode Island, Ohio, and Nebraska have put their NEVI programs on hold.
Whether Congress—particuarly Democrats, who are the minority party in both chambers—will fight back is unclear. Hill Heat's Brad Johnson pointed out on the social media platform Bluesky that two dozen members of the Senate Democratic Caucus voted with Republicans to confirm Trump's DOT chief, Sean Duffy.
After 24 Senate Democrats joined all GOP to confirm climate denier Sean Duffy as Transportation Secretary, he illegally called for the shut down of the National Electric Vehicle Charging Program, established by the Bipartisan Infrastructure Law.
[image or embed]
— Brad Johnson ( @climatebrad.hillheat.com) February 6, 2025 at 11:36 PM
As Common Dreamsreported last month, right after Duffy was confirmed, the secretary directed DOT staff to immediately begin the process of rescinding or replacing former President Joe Biden's clean car pollution standards.
"These commonsense, popular fuel economy standards save drivers money at the pump and reduce dangerous pollution from vehicles," Sierra Club's García said at the time. "Sean Duffy is selling American families out to Big Oil, burdening us with higher fuel prices and more polluting gas-guzzlers that harm our health."
Keep ReadingShow Less
Big Oil to Benefit From Biden's Carbon Capture Tax Credits: Report
"Our report clearly lays out the way carbon capture tax credits rig the system in favor of the oil and gas industry to the tune of billions of dollars," one expert said.
Sep 18, 2024
As the U.S. moves to invest in climate solutions, is the money going toward projects that will meaningfully reduce emissions and transition the nation's energy system away from fossil fuels?
A report released Wednesday by worker-owned corporate accountability and environmental justice research organization Empower found that just 34 carbon capture and storage (CCS) projects in Texas could receive between $3.2 billion and $33 billion in annual tax subsidies.
At the same time, most of the carbon dioxide pipelines in the state are managed by the major oil and gas companies like Kinder Morgan, Occidental Petroleum, and ExxonMobil that played a disproportionate role in creating the climate crisis in the first place.
"Carbon capture and storage is the most expensive and least effective carbon mitigation solution. It's really not where we need to be investing our money," said Paige Powell, the policy manager at Commission Shift, at a press briefing announcing the new research. "And the public dollars coming from the federal government to fossil fuel companies are our dollars, our taxpayer dollars that could be better spent elsewhere."
"I think it's important for us to ask ourselves, if carbon capture is receiving so much public dollars, why is there little public input?"
For its report, Empower turned up 98 carbon dioxide-related projects in the state of Texas, including 47 pipelines and 13 Class VI Geological Storage projects. These projects are currently primarily funded through tax breaks and U.S. Department of Energy (DOE) subsidies; the report authors found little evidence of any private investments.
"Our report clearly lays out the way carbon capture tax credits rig the system in favor of the oil and gas industry to the tune of billions of dollars," Empower's Samuel Rosado said in a statement. "Public funding and tax breaks are the largest sources of revenue for CCS projects. Without the massive federal investment, the private sector deems most CCS projects unprofitable."
The main tax credit for CCS is the 45Q tax credit, which assigns a dollar amount for every metric ton of carbon dioxide captured and permanently stored. While this credit was first created by the Energy Improvement and Extension Act of 2008, the Inflation Reduction Act expanded it, raising the credit to $85 per metric ton. At the same time, the Infrastructure Investment and Jobs Act earmarked more than $8 billion for the DOE's CCS programs.
"These are the key bills that were enacted that enabled CCS to be at least more financially available than it previously was," Rosado said in the briefing.
Yet climate and accountability advocates are concerned that the money is being misdirected.
Powell noted that CCS technology had been around for 50 years, but had failed to advance.
"All of these projects have been largely unprofitable, and they haven't expanded the way that renewables and other climate solutions have, primarily because the technology is problematic," Powell said. "It's unsafe, it's fraught with mechanical failures, and not to mention wildly expensive when compared to other climate solutions."
Dominic Chacon of the Texas Campaign for the Environment said that industry boosting of CCS amounted to a form of "greenwashing."
"It is essentially a marketing PR branding ploy to downplay the obvious risks associated with fossil fuels, to try and rebrand this industry as something that we need for the future," Chacon said.
Autumn Hanna, the vice president of Taxpayers for Common Sense, noted that there was a history of fraud in past allocation of CCS subsidies.
"A Treasury investigation found that from 2010 to 2019, 90% of tax credit claimants failed to comply with IRS [Internal Revenue Service] and EPA [Environmental Protection Agency] requirements," Hanna said in a statement. "Instead of throwing good money after bad, we should focus our limited resources on climate solutions we know are safe and effective."
At the same time, most federal CCS subsidies actually ended up going toward injecting carbon dioxide into depleted oil wells in order to extract even more oil, which is currently the only profitable use of the technology.
"Continuing to funnel these subsidies and tax breaks to the oil companies, which mostly use it to extract more fossil fuels, really weakens its supposed climate benefits," Hanna said in the briefing.
In Texas specifically, there are concerns about the safety of CCS infrastructure and its impact on ecosystems and communities, given the state's weak regulatory culture.
"We need to chart a new course here in Texas and in Washington to incentivize climate solutions that actually work."
"Our state oil and gas regulator, the Railroad Commission of Texas, is reluctant to oversee the industry in a way that protects people and the environment," Powell said.
The Empower report found that 19 CCS projects overlap with at least 24 million acres of water, threatening both coastal and river environments. The report authors also ran into a lack of transparency.
After filing Freedom of Information Act (FOIA) requests to the Environmental Protection Agency to access data about CCS projects, they received documents with entire pages redacted on the behest of the companies and with the permission of the EPA.
"This is very dangerous when it comes to corporate accountability and transparency on environmental issues, because entire pages were redacted from FOIA requests and public information requests that are incredibly important for communities and safety in these communities," Rosado said.
The advocates called for greater transparency and accountability around public financing for untested and expensive climate solutions.
"I think it's important for us to ask ourselves, if carbon capture is receiving so much public dollars, why is there little public input?" Chacon asked. "There is no public transparency on this technology."
Hanna called for putting "the breaks on the whole thing until we start to really answer some big questions that are out there instead of just autopilot expansions and extensions that carry huge costs and, again, leave us with these big questions and this lack of transparency and oversight."
Community organizations in the Lone Star State are petitioning the EPA to reject the Texas Railroad Commission's request to have primary oversight over CCS projects in the state.
"Allowing Texas to continue down this path is irresponsible and only serves oil and gas interests. That's why it's critical that the Environmental Protection Agency not hand over regulation of dangerous CCS projects to the Railroad Commission of Texas, which has shown that it's in the pocket of fossil fuel companies, which stand to profit while putting our communities at risk," Powell said in a statement. "We need to chart a new course here in Texas and in Washington to incentivize climate solutions that actually work."
To that end, Commission Shift is also urging concerned residents to comment on new EPA draft permits for CCS projects in the Permian Basin.
"Let them know we need an extension to review the permits and that we really just don't want these here in the Permian, it's not the right place for all these projects," Powell said.
Keep ReadingShow Less
Most Popular