N.J., Del. and Pa. join lawsuit seeking Trump administration release funds for EV chargers

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New Jersey, Delaware and Pennsylvania are suing the Trump administration over funding for electric vehicle chargers, as part of a coalition of 17 Democratic attorneys general, and Gov. Josh Shapiro. They are alleging the White House is acting unlawfully by withholding funds approved by Congress.

“Without any notice or explanation, the United States Department of Transportation just quietly refused to approve any new funding under the programs which had already been appropriated by Congress and awarded to the states,” said New Jersey Attorney General Michael Platkin.

“This is consistent with how this administration has treated congressional appropriations. They’re not optional. They’re laws,” said Platkin. And the Constitution says that only under limited circumstances can the president, after money has been appropriated by Congress and passed into law, can he restrict those funds from going to their intended recipients.”

New Jersey is waiting on $16 million from the Charging and Fueling Infrastructure Program and the Electric Vehicle Charger Reliability and Accessibility Accelerator Program. Both programs are part of the Biden-era bipartisan Infrastructure Law, which Congress passed in 2022.

Platkin said the funds would create new jobs and provide EV drivers greater access to the roads.

“At a time, again, when we’re trying to make energy costs go down,” Platkin said. “We’re trying to make people’s lives easier and more affordable. This makes no sense.  It’s illegal, but it also just makes no sense.”

The lawsuit alleges the Trump administration’s actions violate the Constitutional separation of powers and the Administrative Procedure Act.

Pennsylvania Gov. Josh Shapiro said in a statement that the funds would support “EV construction projects in Pennsylvania and … new, good paying jobs.”

“I will not let the federal government break their word at the expense of Pennsylvanians,” Shapiro said.

Pennsylvania was awarded funds to construct three charging stations along I-78 and I-81. The joint project involving Maryland, New Jersey and West Virginia was awarded $18.6 million.

The effort was part of former President Joe Biden’s effort to tackle climate change.

This is just another reckless attempt that will stall the fight against air pollution and climate change, slow innovation, thwart green job creation, and leave communities without access to clean, affordable transportation,” said California Attorney General Rob Bonta, who led the effort. “While the Administration is busy finding ways for their Big Oil donors to profit, California will continue to fight for its people, environment, and innovation.”

The Department of Transportation did not respond to a request for comment.

But President Donald Trump has repeatedly said he’s not a fan of electric vehicles. Trump signed a law that ended EV tax credits and recently weakened fuel efficiency standards, saying that Americans prefer gas-powered vehicles.

The federal lawsuit, filed in the Western District of Washington state, seeks a court order forcing the Department of Transportation to release the funds.