AG Brown co-leads states suing to stop illegal termination of federal electric vehicle infrastructure funding

SEATTLE — Washington is co-leading a lawsuit to stop the Trump administration from illegally terminating billions in congressionally approved funding for electric vehicle infrastructure – including a combined $1 billion in the plaintiff states, Attorney General Nick Brown announced today. Unless the courts check the president’s overreach, Washington stands to lose over $71 million in electric vehicle infrastructure funding.

“The president’s illegal claw-backs aren’t spending reductions – they’re cash grabs that rob taxpayers, steamroll Congress, and stifle critical economic development,” Brown said. “Washingtonians are switching to electric vehicles at one of the highest rates in the nation. They deserve safe, reliable infrastructure to get their families from Point A to B.”

The 2021 Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, passed by Congress appropriated $5 billion for the National Electric Vehicle Infrastructure Formula Program, or the NEVI program, to fund states’ nationwide deployment of electric vehicle charging infrastructure to improve reliability and accessibility for the public.

On Jan. 20, President Trump mandated federal agencies pause disbursement of all funds appropriated under the IIJA and the Inflation Reduction Act, including NEVI program funding. Despite being mandated by Congress to fund the NEVI program, the Federal Highway Administration notified states in February the agency was unlawfully revoking previous state plan approvals and withholding or withdrawing NEVI program funds from the states.

Washington is a national leader in electric vehicle use, remaining in the top five states for electric vehicle adoption for more than a decade. The electric vehicle transition is critical to the success of Washington’s plans to cut transportation-related pollution.

Transportation is the largest source of carbon pollution in Washington. Vehicle pollution causes health problems, such as cancer and asthma, and contributes to climate change. To combat climate change and protect the health of its residents, Washington has adopted zero-emission vehicle standards that require a percentage of the vehicles sold in Washington to be zero emission, starting with the 2025 model year.

The state also has vehicle emissions standards that require all new passenger cars, light-duty trucks, and medium-duty vehicles sold in Washington be zero emission by 2035. The state has proactively invested in EV charging infrastructure for many years, but Washington’s ability to make this transition and meet its own statutory requirements is significantly hampered by the FHWA’s indefinite withholding of the NEVI program funds Congress directed to the state.

The lawsuit filed today by Brown and 16 other attorneys general seeks a court order against FHWA’s unlawful actions, and a restoration of the electric vehicle infrastructure funding for the states.

Brown is co-leading this lawsuit with California and Colorado. They are joined by the attorneys general of Arizona, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin.

A copy of the complaint is available here and a copy of the motion for a preliminary injunction is here.

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