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 16 other states, restoring $73 million in funding that had been allocated to New Jersey through the National Electric Vehicle Infrastructure Formula Program (NEVI).
The lawsuit challenged actions taken after President Trump signed an executive order on January 20, 2025, directing federal agencies to pause disbursement of funds under both the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act. This pause included NEVI funding, which Congress had mandated be distributed by the Federal Highway Administration (FHWA). In early February 2025, FHWA informed states it was revoking all previously approved NEVI plans.
Before this revocation, New Jersey’s plan for NEVI had been approved by the federal government, most recently in November 2024. The state had already awarded a contract to build EV charging stations.
The court’s summary judgment order not only restores New Jersey’s NEVI funding but also prevents the Trump Administration from continuing what the court described as “arbitrary and capricious illegal actions.” The complaint filed in May 2025 argued that refusing to spend appropriated funds violated both the separation of powers and the Administrative Procedure Act, as agencies are required to execute statutes enacted by Congress.
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.”
The federal court ruled that states’ electric vehicle infrastructure deployment plans must be restored to their previous legal status before February 6, 2025. The decision noted that states had invested significant resources into these plans before they were abruptly halted.
New Jersey was joined in this lawsuit by attorneys general from Washington, Arizona, California, Colorado, Delaware, the District of Columbia, Hawai’i, Illinois, Maryland, Minnesota, New Mexico, New York, Oregon, Rhode Island, Wisconsin, and Vermont.
