WASHINGTON, DC—In 2021, the Biden administration touted a bill that directed $5 billion to install electric vehicle chargers nationwide. As of 2025, $3.3 billion has been allocated; however, according to The Center Square, most states that applied have not built a single charging station..
The program's failure to accomplish its intended objectives has resulted in the Trump administration freezing the funds. Now, California, Washington State, and Colorado are among a coalition of states suing the Trump administration to maintain access to the EV slush fund.
After President Trump ordered electric vehicle mandates put in place by Joe Biden halted, the Federal Highway Administration suspended the approval of state EV charger network plans submitted to acquire federal grants under the Infrastructure Investment and Jobs Act (IIJA).
The FHWA’s notice stated that “until new guidance is issued, reimbursement of existing obligations will be allowed to avoid disrupting current financial commitments.”
Since $3.3 billion has already been awarded, the suspension mainly impacts the $1.7 billion in unallocated funding that would have remained available through FY2026, but is required by the IIJA “to remain available until expended.”
Forty-four states and territories have issued at least one solicitation for NEVI funding; out of the 44 states and territories, 38 have received funding. However, despite nearly four years of funding, only 16 have at least one operational NEVI station.
The lawsuit, filed overwhelmingly by 17 attorneys general, asks courts to block the withholding of NEVI grants, citing the congressional mandate contained within the IIJA.
In its suspension notice, the FHWA said the NEVI program is “unique in that this program requires the Secretary to approve a plan for each State describing how the State intends to use its NEVI funds” and simply “has decided to review the policies underlying the implementation of the NEVI Formula Program.”
The lawsuit claims that “The Secretary must distribute to each State its share of NEVI Formula Program funds unless the State fails to timely submit its State Electric Vehicle Infrastructure Deployment Plan or if the Secretary determines a State has not taken action to carry ou tits [State P]lan.”
In California, despite having acquired $302 million in NEVI funding since FY-2021, no NEVI-funded charger has been installed. Likewise, Washington State was awarded $56 million, but has not completed a single NEVI charger. Of the 17 states suing the administration, only eight have completed any NEVI chargers.
The lawsuit alleges that IIJA has clear guidelines for the FHWA to follow if it is determined that a state isn’t carrying out its plan. These include identifying actions to rectify concerns, providing at least 90 days to address those concerns, and providing notice of 60 days of its intent to withhold or withdraw funds.
While EV battery and charging technology are improving quickly, older vehicles are not typically able to use those faster technologies.
For example, in 2019, over half the nation’s 4,000 public “fast chargers” put out less than 50 kilowatts. Two years later, most of the country’s over 10,000 “fast chargers” put out between 150 and 249 kW. By the end of 2023, almost half of the country’s 24,000 chargers put out between 250 and 349 kW, with the next generation of chargers–those putting out 350 kW or more–growing 39% over the previous quarter.
The widespread use of EVs doesn’t seem like a practical solution to meet the country’s energy needs. For example, while gasoline-powered cars take only two minutes to refill, a 60-kW Tesla Model 3 takes 8 to 12 hours to charge at a Tesla Destination charger, 40 minutes to reach 80% on a 150 kW charger, and 20 minutes on a 240 kW device.
The Center Square notes that significant taxpayer investments in EV charging technology may soon be obsolete due to the rapid technological advancements in charging technology, making taxpayer investments in the sector seem foolish.
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