On May 7, 2025, California joined a coalition of 16 states and Washington, D.C. in challenging President Donald Trump’s executive order directing the Federal Highway Administration to withhold funds to build electric vehicle (EV) charging stations.
Trump’s executive order on “Unleashing American Energy” directs that all agencies “shall immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 (Public Law 117-169) or the Infrastructure Investment and Jobs Act (Public Law 117-58).”
This includes $5 billion appropriated for EV charging stations in various states under the National Electric Vehicle Infrastructure (NEVI) Formula Program. Of that $5 billion, an estimated $3.3 billion had already been made available.
The lawsuit states that FHWA’s unlawful actions deprive the states of billions of dollars in appropriated funds, ignores Congressional mandates, violates the Constitution and will hurt the ability of states to build the charging infrastructure.
Targeting EVs
Trump has taken aim at EVs since taking office. His executive order on “Unleashing American Energy” also states that it is U.S. policy to “eliminate the ‘electric vehicle (EV) mandate’ and promote true consumer choice, which is essential for economic growth and innovation..”
The order states that U.S. policy will promote consumer choice by “removing regulatory barriers to motor vehicle access” and by “ensuring a level regulatory playing field for consumer choice in vehicles.”
In addition to Trump’s executive actions, the Republican-controlled U.S. House of Representatives recently passed three Congressional Review Act (CRA) resolutions to overturn emissions waivers related to California’s zero emissions vehicles programs.
This includes the Advanced Clean Cars II Regulations, which require the phase-out of the sale of new gasoline-fueled or diesel-fueled passenger cars and trucks by 2035.