By Cliff Montgomery – June 13th, 2025
Yesterday, the Congressional Research Service (CRS) issued a rundown of Trump’s attempts to thwart the creation of a nation-wide electric vehicle infrastructure. The investments in U.S infrastructure were signed into law by the Biden Administration. They are intended to aid and nurture the public’s already strong desire to ween itself off of such outdated fuel sources as oil and gasoline, which are clearly dangerous to national health. An end to a reliance on oil would also finish our tacit support of sometimes questionable government actors like Saudi Arabia and Russia.
But Trump would not allow this move to better health, energy independence and common sense. His stance might come down to the fact that Trump has received more “donations” from Big Oil and Big Gas during the 2024 election cycle than any other U.S. politician – a cool $2.1 million, according to Open Secrets.
Apparently, that was money well spent.
But there’s a problem: Article II, Section 3 of the Constitution declares that U.S. presidents are legally bound to follow and implement established laws, and the law demanding nation-wide investments for electric vehicles has never been repealed. So Trump is … well, being Trump, and simply refusing to follow another law he’s bound to uphold.
“In May 2025, 16 states and the District of Columbia filed a lawsuit challenging the Administration’s actions,” pointed out the CRS study.
“The lawsuit alleges violations of both the Administrative Procedure Act and various constitutional provisions,” added the report.
Below, we offer the text of the quick CRS study. Those who wish to directly access the report may do it here.
Updated June 12, 2025
“Shifts in policy priorities around electric vehicles (EVs) and other actions taken by the second Trump Administration have been followed by legal challenges and further perspectives regarding the federal role in EV charging infrastructure deployment.
“Actions including the pause and potential repeal of federal programs—such as the National Electric Vehicle Infrastructure (NEVI) Formula Program—would reduce federal investment in EV infrastructure specifically, and fleet electrification more broadly. This could slow the overall pace of EV infrastructure deployment, potentially increase the financial exposure of the private sector, and contribute to regional disparities in charging availability. […]
“As the Departments of Transportation (DOT) and Energy (DOE) adjust programs amid
budget and staffing constraints, legislative actions and the outcomes of the Administration’s program reviews are among the factors likely to shape the near-term trajectory of federal vehicle electrification efforts.
Overview of the NEVI Formula Program
“The Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58) established a $5 billion formula grant program within DOT to deploy publicly accessible EV charging infrastructure along the national highway system, primarily along designated alternative fuel corridors (AFCs). States, the District of Columbia, and Puerto Rico are to submit plans annually to the Federal Highway Administration (FHWA) to receive funding.
“With FHWA certification, remaining funds may be used to deploy community charging
infrastructure along public roads and in publicly accessible locations.
“NEVI projects include acquisition, installation, operation, and maintenance of charging infrastructure. The federal cost-share is 80%; private contractors engaged to support a project are permitted to contribute all or part of the 20% nonfederal cost-share. In 2024, FHWA issued the NEVI Formula Program Guidance (‘NEVI Guidance’; now rescinded) that detailed NEVI program implementation.
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“FHWA’s NEVI Standards and Requirements, issued in March 2023, established minimum standards for installation, operation, and maintenance of NEVI-funded and certain other federally funded charging infrastructure. Standards for charging stations include:
- distribution along AFCs: up to 50 miles apart and within 1 mile of the designated roadway;
- number of charging ports: minimum four Level 2 or direct current (DC) fast charging ports, and minimum four network-connected DC fast ports at stations along AFCs; and
- power supply along AFCs: up to 150 kilowatts (kW) simultaneously per DC fast port, and minimum 6 kW simultaneously per Level 2 port.
“The Joint Office of Energy and Transportation (‘Joint Office’) was established to implement joint issues between DOE and DOT, and to coordinate support for the NEVI program and other charging infrastructure efforts.
Status of Implementation, May 2025
“FHWA allocated a total of $3.3 billion of NEVI funding to states through FY2025. According to FHWA, states had awarded or obligated $527 million by February 6, 2025.
“An estimated 57 NEVI-funded charging stations had opened across 15 states as of February 10, 2025; more than half of these were located in Ohio and New York.
“The Joint Office’s most recent report documents the implementation of the NEVI program through August 2024.
Policy Developments
“On January 20, 2025, President Trump issued Executive Order 14154, “Unleashing American Energy [sic],” which directed federal agencies to immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 (P.L. 117-169) or the Infrastructure Investment and Jobs Act (P.L. 117-58), including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program and the Charging and Fueling Infrastructure Discretionary Grant Program, and shall review their processes, policies, and programs for issuing grants, loans, contracts, or any other financial disbursements of such appropriated funds for consistency with the law and the policy outlined in section 2 of this order.
“On February 6, 2025, DOT rescinded the NEVI Guidance and withdrew approvals of state plans; no new obligations may occur until FHWA issues updated guidance and new state plans are submitted and approved. According to the memorandum, ‘FHWA is updating the NEVI Formula Program Guidance to align with current U.S. DOT policy and priorities.’
“In May 2025, 16 states and the District of Columbia filed a lawsuit challenging the Administration’s actions. The lawsuit alleges violations of both the Administrative Procedure Act and various constitutional provisions. Separately, on May 22, 2025, the Government Accountability Office issued a decision on its interpretation that sought to clarify when obligations under the NEVI program must be recorded under the recording statute (31 U.S.C. §1501) and found that ‘DOT’s actions to delay the expenditure of funds for the NEVI Formula Program constitute an impoundment’ in violation of the Impoundment Control Act.
“In a letter to DOT dated June 3, 2025, the Office of Management and Budget informed DOT that the agency “need not take any action to adjust the recording of its NEVI program obligations, nor change its practices with respect to obligating funds for any of its FHWA programs in response to GAO’s incorrect opinion.”
Considerations
“The NEVI program is one of several federal programs and incentives that support expansion of EV charging and other alternative fuel infrastructure. Other affected programs include the $2.5 billion Charging and Fueling Infrastructure (CFI) grant program, which provides funding to deploy publicly accessible alternative fuel infrastructure: EV charging and hydrogen, propane, and natural gas fueling infrastructure.
“It is not clear whether states are able to issue awards under NEVI or when NEVI disbursements might resume. Furthermore, reports of staff reductions across federal agencies—including at DOE and DOT—could pose challenges for administering the NEVI program.
“The 119th Congress may consider multiple aspects of NEVI program implementation through oversight or legislation. For example, some members of the Senate Committee on Environment and Public Works sent a letter to Secretary of Transportation Duffy in February 2025 seeking additional information on DOT actions regarding the NEVI program. Additionally, Members have introduced legislation to limit or repeal the NEVI program.”
