New York's efforts to charge ahead with electric vehicle (EV) infrastructure received a significant boost thanks to Attorney General Letitia James. A court order has been secured by James to restore funding that was previously frozen by the Department of Transportation (DOT). The legal victory effectively brings back approximately $120 million in federal funds destined for the expansion of electric vehicle charging stations across New York. According to a statement from the Attorney General's Office, these funds are a part of the broader Infrastructure Investment and Jobs Act (IIJA), meant to build out the electric vehicle charging infrastructure.
This development comes after AG James, along with a coalition of 16 other attorneys general, took legal action against the DOT following an executive order that sought the elimination of a mischaracterized "electric vehicle mandate". Despite Congress's bipartisan support for EV infrastructure, the Federal Highway Administration (FHWA) halted the release of the funds, a decision that the U.S. District Court for the Western District of Washington has now ruled against. "Strong support for electric vehicle infrastructure is critical to tackling pollution and the climate crisis," Justitia James articulated. "This administration cannot undermine the authority of Congress and the Constitution just because the president does not like a policy that was passed with bipartisan support," she added, affirming the court's decision, as per the Attorney General's Office.
The lawsuit and the subsequent motion for a preliminary injunction were centered on the argument that withholding the funding was both illegal and unconstitutional. The coalition insisted that the funds had been explicitly appropriated by Congress for the NEVI program, and the FHWA provided no legitimate grounds for revoking its approval of states' electric vehicle charging network plans. The ruling now mandates a halt to any administration efforts to withhold NEVI funds for state plans that had previously been given the green light by the FHWA for construction of EV infrastructure.
Other states stood shoulder to shoulder with New York in this environmental and constitutional battle. The cohort of attorneys general that joined the legal fray hail from states across the nation, including Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.
