Acting Attorney General Jennifer Davenport announced that New Jersey has won a lawsuit against the Trump Administration over the withholding of federal funds intended for electric vehicle (EV) charging infrastructure. A U.S. District Court judge ruled in favor of New Jersey and a coalition of 17 attorneys general, ordering the restoration of funding under the National Electric Vehicle Infrastructure Formula Program (NEVI), which was created by Congress as part of the Infrastructure Investment and Jobs Act (IIJA).
The ruling restores $73 million in NEVI funding to New Jersey, money designated for building EV charging stations across the state. Acting Attorney General Davenport stated, “This win puts New Jersey back on track for $73 million in funding unlawfully stripped away through the Trump Administration’s illegal actions. New Jerseyans want sustainable transportation options, and my office will always fight on behalf of hard-working commuters, residents, and the State’s economy when the federal government oversteps its authority.”
Congress passed the IIJA in 2022, allocating $5 billion nationwide for EV charging infrastructure. However, on January 20, 2025, President Trump issued an executive order pausing all disbursements under both the IIJA and Inflation Reduction Act programs. Following this order, the Federal Highway Administration notified states that it was revoking previously approved NEVI implementation plans.
Before this action by federal agencies, New Jersey had received approval for its NEVI plan as recently as November 2024 and had already awarded contracts to build charging stations.
The court’s summary judgment found that halting these funds violated both statutory requirements and administrative law principles. The court declared that plaintiff states’ “State Electric Vehicle Infrastructure Deployment Plans SHALL be restored to the legal status they held prior to February 6, 2025.” The decision noted that “Plaintiff States have dedicated substantial time, resources, and work that must now be scrapped, duplicated, or re-conceived” due to sudden changes by federal authorities.
The lawsuit was joined by attorneys general from Washington, Arizona, California, Colorado, Delaware, District of Columbia, Hawai’i, Illinois, Maryland, Minnesota, New Mexico, New York, Oregon, Rhode Island, Wisconsin and Vermont.
