Nonprofits sue current administration over illegal freeze of billions for electric vehicle charging

Part of Plug In America’s mission is to accelerate the transition to affordable and accessible EV charging. That’s why it’s part of a coalition suing to restore federal funds slated to build charging stations every 50 miles on major corridors across all 50 states.

May 22, 2025

WASHINGTON STATE – Today, a coalition of environmental, consumer and community organizations joined a challenge to the Trump administration’s unlawful and indefinite freeze of billions in federal funding for the National Electric Vehicle Infrastructure (NEVI) Formula Program, a transformative, $5 billion initiative to build electric vehicle charging stations every 50 miles on major corridors across all 50 states.  

The Federal Highway Administration and Department of Transportation acted without authority, unreasonably, and in violation of the Constitution when they indefinitely froze the NEVI Formula Program. The coalition is seeking the nationwide restoration of NEVI funds to build EV charging stations along highways in every corner of the country.

NEVI is essential as the American public increasingly opts for electric vehicles that are more accessible than ever before. Used EVs are more affordable than used gasoline vehicles, and the lifetime cost of owning an EV is already lower than combustion cars in most cases. More drivers are recognizing these benefits and are opting to go electric: In states like Colorado, a quarter of all car sales are zero-emission. 

Just as the U.S. has invested in building out broadband access and modernizing roads and bridges, developing a network of electric vehicle charging stations is key infrastructure that helps the country stay competitive and move forward with the rest of the world. The NEVI program can deliver thousands of good jobs across the country and ensure that all drivers — from urban to rural areas in all corners of the country — have access to high-quality charging stations

In the May 22 filing, the Sierra Club, Climate Solutions, Earthjustice, NRDC (Natural Resources Defense Council), Plug In America, the Southern Alliance for Clean Energy, CleanAIRE NC, the West End Revitalization Association, and the Southern Environmental Law Center seek to join a lawsuit brought by 16 states and the District of Columbia in the U.S. District Court for the Western District of Washington. 

Quotes from representatives of filing organizations

“Years of work with drivers tells us one thing: lack of reliable charging is a top barrier to going electric,” said Joel Levin, executive director of Plug In America. “Drivers were told help was coming—that the NEVI Program would build a dependable, nationwide network and make EVs a real option for everyone. Freezing it breaks that promise. It stalls adoption, shakes consumer confidence, and shuts Americans out of the future of transportation—while other countries race ahead. We’re standing up for drivers and demanding the government keep its word.”

“Donald Trump is trying to cut jobs, increase pollution, and endanger our health. We refuse to let him,” said Sierra Club executive director Ben Jealous. “NEVI benefits everyone, whether you drive an EV or not, and the only people who benefit from blocking it are Big Oil and auto executives seeking to keep us hooked on fossil fuel-powered cars, while communities in every corner of the country lose out on infrastructure investments in our growing clean energy economy. The NEVI Program is working and states are legally entitled to the money allocated to them by Congress. Once again, we are taking the Trump administration to court over its reckless and illegal actions.”

“The Trump administration is going rogue by recklessly freezing funds authorized by Congress. We still have three branches of government in this country,” said Jan Hasselman, senior attorney with Earthjustice. “Without investments to build out EV charging, the United States will be left behind while the rest of the world moves forward.”

“Members of both parties came together to create this program so that owners of electric vehicles could easily drive wherever they need to go. Cutting off this funding with zero process and based solely on political whims is illegal,” said Atid Kimelman, clean vehicles attorney at NRDC. “The halt in funding has thrown state efforts to build charging stations into turmoil, and it will mean workers and drivers suffer. The only winners from this illegal action are billionaire oil barons.” 

“Transportation is the leading source of climate pollution in the U.S., and halting the NEVI program directly threatens our progress toward clean, reliable transportation options—especially in the Southeast, where EV infrastructure is still catching up,” said Megan Kimball, senior attorney at the Southern Environmental Law Center. “In rural and urban areas alike, more charging access means cleaner air, economic growth, and real savings for families. We’re defending that future.”

“For decades, communities like ours in Alamance County, North Carolina, have been denied access to basic infrastructure,” said Omega Wilson, co-director of the West End Revitalization Association. “The NEVI Program offers a real chance to change that—with public investment in EV charging that finally includes rural Black and Brown neighborhoods. Suspending the program delays critical investments, widens infrastructure disparities, and sends the message that once again, the taxpayers who’ve been left behind the longest will be the last to benefit. We’re fighting to protect our place in the clean transportation future.”

“Tailpipe pollution is a public health crisis—fueling asthma, heart disease, and respiratory illness in communities already overburdened by environmental harm,” said Jeff Robbins, executive director of CleanAIRE NC. “NEVI is a vital step toward reducing that harm through zero-emission transportation. Freezing the program blocks progress and keeps our most vulnerable residents breathing dirty air. Clean air and climate justice cannot be put on hold.”

“We’ve spent years working to accelerate transportation electrification across the South—where clean mobility is critical for climate, health, and economic opportunity,” said Stephen Smith, executive director of the Southern Alliance for Clean Energy. “The NEVI Program is one of the most practical tools we have to help states build reliable, accessible EV charging where it’s needed most. Suspending it puts hard-won progress at risk and leaves Southern communities without the resources to lead in the transition to clean energy.”

“People want clean, fast and affordable ways to get around now. Anyone living near a highway or in a rural or commuter community, looking for a local job, wanting affordable family road trips or more blue sky summers back – all are going to be impacted if the Trump administration bends to the fossil fuel industry and withholds federal funds for EV fast chargers,” said Gregg Small, executive director of Climate Solutions. “The Pacific Northwest will lose out on reliable charging every 50 miles on the highway and this would mean more air pollution at a time that almost everywhere is starting to experience worse air quality with wildfire smoke and heatwaves. Let federal climate and clean air funds flow where they’re needed and intended.  We are joining to help stop this road-block to the transition away from oil.”  

More background

In February, the Trump administration halted the NEVI Formula Program, issuing a letter to states that prohibited new projects and cancelled previously-approved state plans for using the funds. Although $3.27 billion had been allocated to states, only $525 million had been committed to specific projects, leaving $2.75 billion indefinitely frozen.

NEVI is funded by the Bipartisan Infrastructure Law that Congress passed in 2021. NEVI is driving innovation in every state across the country, with Texas as the largest beneficiary. 

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About Plug In America

Plug In America is the nation’s leading nonprofit organization dedicated to accelerating the use of plug-in electric vehicles in the United States through education, advocacy and research. Formed in 2008, Plug In America provides practical, objective information to consumers and dealerships about EVs through various programs, including National Drive Electric Week, Drive Electric Earth Month, PlugStar.com and other public outreach events. Learn more at PlugInAmerica.org.

About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.

About Earthjustice

Earthjustice is the premier nonprofit public interest environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change.

About NRDC

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd). 

About the Southern Environmental Law Center

The Southern Environmental Law Center is one of the nation’s most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 200, including more than 130 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. selc.org 

About the West End Revitalization Association

Founded in 1994, the West End Revitalization Association (WERA) is Alamance County’s first grassroots “Right to Basic Amenities” organization. Based in Mebane, North Carolina, WERA is dedicated to protecting historically Black communities that have been systematically denied essential services like clean water, sewer infrastructure, and affordable housing. Through community organizing, environmental justice advocacy, and cross-sector partnerships, WERA empowers residents to combat institutional racism and shape the future of their neighborhoods. weranc.org/ 

About CleanAIRE NC

CleanAIRE NC advocates for the health of all North Carolinians by advancing equitable, science-based solutions to climate change and air pollution. Representing a broad network of advocates, healthcare professionals, educators, scientists, and community members across the state—from the coast to the mountains—we are united by a commitment to environmental justice and public health. We work to ensure that every North Carolinian has access to clean air and a livable climate. cleanairenc.org 

About the Southern Alliance for Clean Energy

The Southern Alliance for Clean Energy (SACE) promotes responsible and equitable energy policies to ensure clean, safe, and healthy communities across the Southeast. Since 1985, SACE has been a leading voice—combining technical expertise, policy advocacy, and grassroots engagement to advance clean energy solutions that shape a more sustainable, equitable energy future for all. cleanenergy.org 

About Climate Solutions

Climate Solutions is a Pacific Northwest-Based clean energy economy nonprofit accelerating solutions to the climate crisis. We champion transformational policies and market-based innovations; catalyze powerful partnerships for a diverse movement; and communicate a bold vision for solutions at the scale required by climate science to help build a thriving, equitable Northwest powered by clean energy. climatesolutions.org 

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