New Jersey Wins Court Battle Restoring $73 Million in EV Charging Funds
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By Adam Rizvi | Editor, The India Observer (TIO): TRENTON, NJ — Acting New Jersey Attorney General Jennifer Davenport announced a major legal victory after a U.S. District Court ruled in favor of New Jersey and a multistate coalition in a lawsuit challenging the federal government’s decision to withhold congressionally approved funding for electric vehicle (EV) charging infrastructure.
The ruling restores approximately $73 million allocated to New Jersey under the National Electric Vehicle Infrastructure (NEVI) Formula Program, a federal initiative created by Congress through the Infrastructure Investment and Jobs Act (IIJA) to expand EV charging access nationwide.
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The lawsuit, filed in May 2025 by New Jersey and 16 other states, challenged actions taken by the Trump Administration that paused and revoked previously approved NEVI funding. The court determined that the federal government acted unlawfully by withholding funds explicitly mandated by Congress.
“This win puts New Jersey back on track for $73 million in funding unlawfully stripped away through illegal actions,” Acting Attorney General Davenport said in a statement. “New Jerseyans want sustainable transportation options, and my office will always fight on behalf of residents, commuters, and the State’s economy when the federal government oversteps its authority.”
Congress appropriated $5 billion nationwide for NEVI in 2022 as part of the bipartisan infrastructure law to support the development of EV charging stations across states. Despite this mandate, a January 2025 executive order directed federal agencies to pause disbursement of funds under the IIJA and the Inflation Reduction Act. Shortly afterward, the Federal Highway Administration revoked previously approved state plans, including New Jersey’s.
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Prior to the revocation, New Jersey’s NEVI implementation plan had received federal approval, most recently in November 2024, and the state had already awarded contracts for EV charging station construction.
In its final summary judgment, the court ruled that the federal government’s actions violated constitutional separation of powers principles and the Administrative Procedure Act. The order requires that state EV infrastructure deployment plans be restored to their legal status prior to February 6, 2025.
The court also acknowledged that states had already invested substantial time, planning, and resources into EV infrastructure projects that were abruptly halted, calling the federal actions arbitrary and unlawful.
The decision marks a significant step forward for New Jersey’s clean transportation goals and is expected to help reduce long-term transportation costs for residents and commuters while supporting sustainable infrastructure development.
New Jersey was joined in the lawsuit by 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.
Editorial Comment:
This ruling reinforces a foundational principle of democracy: when Congress passes laws and allocates funds, the executive branch must faithfully execute them. Beyond electric vehicles, the case underscores the importance of accountability, rule of law, and cooperative federalism in shaping America’s infrastructure future.
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