Washington Attorney General Nick Brown has taken a firm stand alongside 16 other states, including California and Colorado, in a lawsuit aimed at halting the Trump administration's alleged illegal termination of federal funding designated for electric vehicle infrastructure. This legal challenge, announced by Brown, is a direct response to the stoppage of more than $1 billion in congressionally approved funding, which threatens to undermine the states' efforts to enhance their electric vehicle charging networks. “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 was quoted in a statement obtained by the Office of the Washington State Attorney General.
The 2021 Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, was passed by Congress with specific provisions for the National Electric Vehicle Infrastructure Formula Program, or NEVI. It aimed to furnish states with the necessary resources for a reliable and accessible electric vehicle charging infrastructure. Despite these legal obligations mandated by Congress, President Trump instigated a freeze on disbursement of all funds under both the IIJA and the Inflation Reduction Act on Jan. 20, including those meant for the NEVI program. Consequently, in February, the Federal Highway Administration rescinded prior state plan approvals and started withholding or withdrawing funds from the states.
According to the Washington State Attorney General's office, Washington ranks among the top states for electric vehicle adoption, a trend that has lasted over a decade. The state's transition to electric vehicles is considered pivotal in meeting its climate and pollution reduction goals, particularly given transportation's role as the largest source of carbon pollution in the state. In addition to health issues like cancer and asthma caused by vehicle pollution, there's an urgent need to combat climate change, for which Washington has adopted stringent zero-emission vehicle standards beginning with the 2025 model year.
Washington's proactive steps include stringent vehicle emissions standards and the planned transition to exclusively zero-emission new passenger cars, light-duty trucks, and medium-duty vehicles by 2035. These ambitious plans may face significant roadblocks if the current withholding of NEVI program funds is sustained. Hence, the state's strong legal push for a restoration of the electric vehicle infrastructure funding. The legal action, which was announced today, counts California and Colorado as co-leaders, with additional support from Arizona, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin. They seek a court order against the alleged unlawful actions by the FHWA and a reinstatement of the funds designated for the states' electric vehicle infrastructure projects.
