By Hank Russell
Attorney General Letitia James and a coalition of 16 other attorneys general today filed a lawsuit against the United States Department of Transportation (DOT) and DOT Secretary Sean Duffy for illegally cutting off critical funding to support states’ plans to build a nationwide electric vehicle (EV) charging network.
On January 29, President Donald Trump signed an Executive Order calling for the elimination of what the AGs call the federal government’s nonexistent “electric vehicle mandate.” As a result, the Federal Highway Administration (FHWA) revoked funding allocated by Congress for every state’s plans to build out a network of electric vehicle charging stations.
James and the coalition argue that the administration’s moves to freeze billions of dollars in federal funds to support electric vehicle infrastructure are illegal and will contribute to more dangerous pollution. Attorney General James and the coalition are seeking a court order ruling that these actions are unlawful and unconstitutional, and ordering DOT to stop taking steps to withhold electric vehicle infrastructure funds.
As part of the bipartisan Infrastructure Investment and Jobs Act (IIJA), Congress created the National Electric Vehicle Infrastructure (NEVI) Formula Program and appropriated $5 billion to be distributed to states that submitted plans to FHWA for building electric vehicle charging infrastructure.
As James and the coalition assert in the lawsuit, the funding is mandatory. By law, any state that has submitted an approved plan must receive its share of NEVI funds, and in total, FHWA has already approved more than 150 plans. This infrastructure is necessary to encourage the widespread adoption of electric vehicles, which will help reduce pollution that causes smog and health problems like cancer and asthma and contributes to devastating climate change.
New York has been awarded over $175 million in federal funds from the NEVI program, with $120 million currently being withheld by the Trump administration. NEVI funds in New York have already supported the construction of 11 charging stations throughout the state, with 12 more currently in development, including in New York City, Western New York, and the Hudson Valley.
The current funding freeze also jeopardizes proposals for more electric vehicle charging station development in New York City, the Hudson Valley, and on Long Island.
The cuts in funding may affect Long Island, where more than one-quarter of the population owns an EV.
As previously reported in Long Island Life & Politics, Drive Electric Long Island released a report showing that the region accounts for 26% of the state’s total EV registrations, despite representing only 15% of the state’s population. In 2024, Long Island experienced a remarkable 27% increase in EV registrations, nearly doubling the state’s growth rate of 14%. Among all registered vehicles, 64% are battery electric vehicles and 36% are plug-in hybrid vehicles.
The report noted that several towns on Long Island are seeing noticeable growth in EV registrations, with Babylon leading the way with a 49.9% increase from 2023, as LILP reported. Hempstead had the second highest growth percentage with 45.8% while also holding the most total EVs in Long Island with 14,481. The city of Long Beach was third with a 45.6% increase. The three towns with the most EVs last year were Hempstead (14,481), Oyster Bay (10,818) and North Hempstead (10,517).
James and the coalition argue that the administration’s attacks on EV infrastructure are plainly illegal. Congress explicitly appropriated funds for the NEVI program, and FHWA provided no legitimate explanation for revoking its approval of states’ plans. The administration has no authority to withhold funds appropriated by Congress for a specific program just because the president disagrees with the underlying policy. James and the coalition assert that the administration’s actions violate the Administrative Procedure Act and the U.S. Constitution.
With this lawsuit, James and the coalition are seeking a court order declaring the Trump administration’s actions unlawful and unconstitutional, and stopping the implementation of the directive in the Executive Order to withhold NEVI Formula Program funds.
LILP reached out to the Transportation Department, but did not hear back as of press time.
“The administration’s illegal action is a roadblock to New York’s progress to build electric vehicle infrastructure and attack the climate change crisis,” James said. “It is disappointing that the president would decimate this bipartisan legislation and jeopardize a dozen electric vehicle projects across New York.”
Joining James in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.