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national electric vehicle infrastructure formula program
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...
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— 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."
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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.
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— 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."
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