Attorney General Neronha joins coalition to stop Trump Administration’s illegal termination of federal electric vehicle infrastructure funding
Published on Wednesday, May 07, 2025
Attorney General Peter F. Neronha today joined a coalition of 17 attorneys general in filing a lawsuit to stop the Trump Administration from illegally terminating billions in congressionally-approved funding for electric vehicle infrastructure. Unless the courts check the President’s overreach, Rhode Island stands to lose $26.3 million dollars in electric vehicle infrastructure funding.
“Setting aside the fact that electric vehicle infrastructure is absolutely necessary to make any significant progress in our reduction of carbon emissions, the Trump Administration’s termination of these funds is illegal,” said Attorney General Neronha. “When Congress appropriates funding for the states, the President does not have a say in whether or not those funds are distributed, and he knows that. Unfortunately, this hasn’t stopped his Administration from illegally intercepting congressionally-allocated funding for everything from public safety to natural disaster relief to public health to climate change mitigation, and countless other crucially important programs and services. Every time the President breaks the law in this way, he attempts to concentrate power around himself. We must, and we will, stop him.”
In 2022, Congress passed the Infrastructure Investment and Jobs Act, or IIJA, also known as the Bipartisan Infrastructure Law. One provision of the IIJA appropriated $5 billion for the National Electric Vehicle Infrastructure Formula Program, or NEVI, to facilitate electric vehicle charging infrastructure in the states.
On January 20, President Trump signed an executive order that mandated all federal agencies to pause disbursement of funds related to the IIJA and the Inflation Reduction Act, including NEVI funding. Despite being tasked by Congress to fund NEVI, the Federal Highway Administration (FHWA) notified states in early February that the agency was revoking all previously approved plans to implement NEVI, a requirement for funding under IIJA.
As a participant in the NEVI Program, Rhode Island stands to lose $10 million in anticipated funding. After Rhode Island completed “Phase 1” of the NEVI Program, the state’s FY25 funds were approved in November 2024. The anticipated $10 million for Rhode Island’s FY25 NEVI Formula Program was intended to support the installation of EV charging station, prioritizing accessibility and equitable distribution across the state. In addition to the anticipated $10 million for FY25, Rhode Island has an unobligated balance of approximately $16.3 million for the NEVI Program, all of which has been revoked by the FHWA.
The coalition argues that the President’s directive and its implementation violates the Administrative Procedures Act, the separation of powers, and the Take Care Clause.
The coalition’s lawsuit seeks a court order against FHWA’s unlawful actions, and a restoration of the electric vehicle infrastructure funding for the states.
Attorney General Neronha is joined in filing the lawsuit by the attorneys general of Arizona, California, Colorado, Delaware, Hawai’i, Illinois, Maryland, Minnesota, New Mexico, New Jersey, New York, Oregon, Washington, Wisconsin, Vermont, and the District of Columbia.
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