Attorney General Charity Clark today joined a coalition of 16 other 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, Vermont stands to lose nearly $16 million in electric vehicle infrastructure funding.
“Today I am suing the Trump Administration for still more violations of federal law,” said Attorney General Charity Clark. “Despite clear intent by Congress that these funds be spent to improve our country’s infrastructure, President Trump has again violated his duty to faithfully execute the laws by refusing to disburse the funds. This lawsuit is intended to hold the Trump Administration accountable and compel them to do their Constitutional duty.”
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. Under the U.S. Constitution, only Congress has the authority to appropriate funds.
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 notified states in early February that the agency was revoking all previously approved plans to implement NEVI, a requirement for funding under IIJA.
In Vermont, NEVI funds are used to support development of public electric vehicle charging stations, the availability of which is critical to accelerating EV adoption in the State and broader region. Loss of the NEVI funds would hamper the state’s efforts to build out and improve its electric vehicle charging infrastructure. It would also impact Vermonters who already own electric vehicles.
The lawsuit filed today by Attorney General Clark and 15 other attorneys general seeks a court order against FHWA’s unlawful actions and a restoration of the electric vehicle infrastructure funding for the states.
Joining Attorney General Clark in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Delaware, the District of Columbia, Hawai’i, Illinois, Maryland, Minnesota, New Mexico, New Jersey, New York, Oregon, Rhode Island, Washington, and Wisconsin.
A copy of the lawsuit is available here.
Today’s lawsuit is the fourteenth case Attorney General Clark has brought against the Trump administration since President Trump took office in January. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website at ago.vermont.gov/ago-actions.
CONTACT: Amelia Vath, Outreach and Communications Coordinator, 802-828-3171