AG James Sues DOT Over Illegal EV Funding Cut

New York Attorney General Letitia James has unleashed a legal salvo against the United States Department of Transportation (DOT) and Secretary Sean Duffy, charging them with illegal actions that have halted critical funding for electric vehicle infrastructure. The lawsuit, filed in conjunction with 16 other states, seeks to restore billions in federal funds intended to bolster the nation’s EV charging network.

The crux of the matter lies in an Executive Order signed by the president on January 29, which purportedly eliminated a non-existent ‘electric vehicle mandate.’ This order led to the Federal Highway Administration (FHWA) revoking Congressionally allocated funding for EV charging stations across the country. Attorney General James and her coalition assert that this move not only violates federal law but also endangers public health and exacerbates environmental damage.

Under the bipartisan Infrastructure Investment and Jobs Act (IIJA), Congress set aside $5 billion for states to develop electric vehicle charging infrastructure. This funding was mandatory, with more than 150 state plans approved by FHWA. The NEVI Formula Program was designed to incentivize the adoption of EVs, aiming to mitigate air pollution and combat climate change.

Despite this clear legal obligation, the administration has frozen over $175 million in federal funds designated for New York’s electric vehicle infrastructure, including funding for 11 existing charging stations and proposals for an additional 12. The lawsuit argues that the DOT has no authority to withhold Congressionally allocated funds based on policy disagreements.

Attorney General James expressed her disappointment with the administration’s stance, stating, ‘The administration’s illegal action is a roadblock to New York’s progress to build electric vehicle infrastructure and attack the climate change crisis.’ She further emphasized the importance of bipartisan legislation that could be compromised by such actions, threatening a dozen EV projects across the state.

This lawsuit represents a significant blow against what critics describe as an assault on environmental initiatives. As states seek to address the urgent need for sustainable transportation solutions, the legal challenge to DOT’s funding cuts could have far-reaching implications for future environmental and public health policies.

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