NJ Sues to Restore $73M in Electric Vehicle Funds Withheld by Federal Order

New Jersey joins 16 states in a legal challenge to resume funding for electric vehicle infrastructure halted under a federal executive order.

New Jersey Attorney General Matthew J. Platkin has joined a coalition of 16 other states in filing a federal lawsuit aimed at reversing what the plaintiffs allege is an unlawful and indefinite suspension of electric vehicle infrastructure funding authorized by Congress.

The lawsuit, filed against the Federal Highway Administration (FHWA), seeks to compel the federal government to restore funding under the National Electric Vehicle Infrastructure (NEVI) Formula Program—a key provision of the 2022 Bipartisan Infrastructure Law. New Jersey stands to lose approximately $73 million in NEVI funding if the suspension remains in place.

“Through the Bipartisan Infrastructure Law, Congress set New Jersey and other states on the path to overhauling transportation infrastructure in response to the growing number of Americans who are purchasing electric vehicles,” said Attorney General Platkin. “Instead of supporting these infrastructure investments and paving the way toward a more sustainable future, President Trump is once again defying the will of Congress and denying New Jersey access to critical federal funding. This lawless and reckless freeze will harm our state, taking away over $70 million that would have supported critical transportation infrastructure upgrades in New Jersey. We are committed to restoring this critical funding for our state, and we’ll see the Trump Administration in court.”

The NEVI Program was established through the Infrastructure Investment and Jobs Act (IIJA), a major federal law passed in 2022 that allocated $5 billion for the nationwide expansion of electric vehicle (EV) charging stations. The program requires states to submit plans to access these funds. New Jersey’s plan was approved by the FHWA, most recently in November 2024, and the state subsequently awarded contracts to begin construction.

However, following an executive order issued on January 20 by President Donald Trump, federal agencies were directed to pause disbursements of funds under both the IIJA and the Inflation Reduction Act. In early February, the FHWA notified states that it was revoking all previously approved NEVI plans, effectively halting the flow of funds and implementation of infrastructure projects.

According to the complaint, this move violates the IIJA, which mandates the disbursement of NEVI funds to states that have approved plans. The suit argues that neither the FHWA nor any executive order has the authority to override this congressional mandate.

Joining Attorney General Platkin in the lawsuit are the attorneys general of Washington, Arizona, California, Colorado, Delaware, the District of Columbia, Hawai’i, Illinois, Maryland, Minnesota, New Mexico, New York, Oregon, Rhode Island, Wisconsin, and Vermont.

The plaintiffs are requesting a court order that would prevent the FHWA from continuing to withhold the funds and reinstate all state-approved NEVI plans.