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MADISON, Wis. – Attorney General Josh Kaul and a multistate coalition secured a ruling on Tuesday against the attempt of the Trump Administration to illegally withhold billions of dollars in congressionally approved funding for electric vehicle (EV) infrastructure.
“This case implicates tens of millions of dollars in funding for electric vehicle infrastructure in Wisconsin alone,” said AG Kaul. “The Trump administration shouldn’t be improperly blocking the use of National Electric Vehicle Infrastructure Formula Program funds in Wisconsin.”
The court found that the administration’s attempt to freeze funding under the National Electric Vehicle Infrastructure (NEVI) Formula Program violated both the Constitution and federal law. As the court stated in its decision, “in effectively suspending the NEVI Formula Program, Defendants have overstepped their Constitutional and statutory authority and have attempted to override the express will of Congress.”
In 2021, Congress passed the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law, which included $5 billion for the NEVI program to help states install EV charging stations along major corridors. Under the law, the funding must be distributed to states via a statutory formula and used for EV infrastructure projects.
Despite this congressional mandate, the Trump Administration issued an executive order in January 2025 that directed federal agencies to freeze IIJA and Inflation Reduction Act Disbursements, including NEVI funds. The Federal Highway Administration (FHWA) followed by revoking previously approved state plans and stopping funding distribution, directly impacting Wisconsin and other states that were actively implementing EV infrastructure projects.
In Wisconsin, the funding freeze threatened more than $62 million in NEVI funds and the jobs and economic activity tied to EV charging station projects in the state. Grant recipients include Wisconsin businesses such as gas stations, restaurants, and hotels – investments that this preliminary injunction could put back on track.
The lawsuit that Kaul and the multistate coalition filed in May challenged the Trump administration for illegally withholding NEVI funding, arguing the administration engaged in overreach and violated the Constitution, which grants the power of the purse to Congress.
Absent an appeal of the Defendants, effective on July 2, 2025, the preliminary injunction prohibits the U.S. Department of Transportation and FHWA from:
- Revoking or suspending states’ approved NEVI deployment plans.
- Withholding NEVI funding for reasons not authorized by the IIJA.
- Implementing a categorical freeze on NEVI funding in violation of federal law.
Joining AG Kaul in bringing the lawsuit are the attorneys general of Arizona, California, Colorado, Delaware, Hawai‘i, Illinois, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
A copy of the decision is available here.
View this press release on the DOJ website here.
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