The lawsuit, filed August 1 in the U.S. District Court for the Western District of Washington, directly challenges Executive Order 14154, issued by former President Donald Trump in January 2025. The order directed agencies to pause spending on climate and clean energy programs authorized under the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA).
“The President cannot eliminate congressional funding by executive fiat,” said Washington Attorney General Nicholas W. Brown, one of the lead plaintiffs.
At stake is more than just funding—it’s the ability of states to plan and implement long-term decarbonization strategies that rely on stable, predictable federal support.
The Trump administration has defended the freeze by framing NEVI funding as fiscally irresponsible and inefficient. In public remarks and agency statements:
However, a Government Accountability Office (GAO) decision and multiple legal experts have said the move violates the Impoundment Control Act—a federal law requiring the executive branch to spend funds appropriated by Congress unless Congress itself rescinds them.
According to the amended complaint, the FHWA’s February 6, 2025 letter rescinded all previous approvals of state NEVI plans and invalidated every piece of guidance issued since 2022. States argue this abrupt action stranded billions in planned investments and upended competitive procurement processes already underway.
Among the most striking revelations:
“This legal maneuver threatens to derail years of bipartisan climate and infrastructure planning,” said California Attorney General Rob Bonta.
Beyond the dollar amounts, the lawsuit reveals a pattern of harm to environmental justice and frontline communities—many of which were prioritized in state EV charger siting plans.
“These are not abstract metrics,” the complaint reads. “They represent people—drivers, families, students—who live with the highest levels of air pollution and have the least access to clean mobility options.”
The lawsuit raises multiple legal arguments, including that the FHWA exceeded its statutory authority and failed to follow required procedures under the Administrative Procedure Act (APA). It also contends:
The plaintiffs are seeking an injunction to immediately restore NEVI plan approvals and prevent future enforcement of Executive Order 14154 as it relates to NEVI.
This legal showdown is the most prominent to date in a growing number of state challenges to federal rollbacks of IRA and IIJA implementation. It underscores the vulnerability of climate and clean energy programs to administrative reinterpretation—even after funding is appropriated and disbursed.
Should the court side with the plaintiffs, the decision could reset how executive agencies manage congressionally approved programs and may limit a president’s ability to unilaterally block climate-related investments.
“This case is about more than charging stations,” said Colorado Attorney General Phil Weiser. “It’s about whether one branch of government can erase the work of another.”