Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Electric Vehicles

Trump’s Latest Ploy to Kill America’s EV Charger Program

The Federal Highway Administration believes it has found a workaround to a court-ordered stay of execution.

Trump stepping on an ev charger.
Heatmap Illustration/Getty Images

The Federal Highway Administration issued a letter to state Departments of Transportation on Thursday declaring that states were no longer authorized to spend billions of dollars previously approved for electric vehicle charging networks. The decree pertains to the National Electric Vehicle Infrastructure Program, or NEVI, a program created in 2021 under the Bipartisan Infrastructure Law, which allocated $5 billion to states to strategically build electric vehicle charging networks along major roads.

The program has been under threat since the day Donald Trump stepped into the White House. His executive order “Unleashing American Energy,” which ordered agencies to pause the disbursement of funds from the Bipartisan Infrastructure Law and the Inflation Reduction Act, specifically called out NEVI as a program to freeze. Twenty-two Democrat-controlled states quickly took legal action, and a U.S. District court issued a temporary restraining order requiring the Trump administration to keep congressionally-approved funds flowing, at least to those states.

In general, advocates believed the NEVI program was untouchable. The program’s “safeguards make it nearly impossible to claw back money already allocated, except in cases of misuse or noncompliance.” Beth Hammon, a senior advocate for EV infrastructure at the Natural Resources Defense Counsel wrote in a recent blog post.

But the Federal Highway Administration apparently thinks it has found a workaround.

Under NEVI, states are each allocated a certain amount of money every year for five years, and they have to submit an annual plan for how they intend to use the funds. Those plans must align with overall program guidance published by the secretary of transportation.

Now, the new leadership at the Department of Transportation has decided to rescind the previously issued guidance. That means the state plans that were previously approved are no longer valid, the letter says: “Therefore, effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new State plans are submitted and approved.”

Advocates for NEVI don’t believe this strategy will hold up in court. “This should be carefully scrutinized by states and the legal community,” Justin Balik, the senior state program director for Evergreen Action told me, “as it looks like an attempt to sabotage the program based on ideology that’s dressed up in bureaucratic language about plan and guidance revisions.” Balik said NEVI was “one of the most important resources states have been given by the feds to fight climate change.”

Several Democratic governors put out infuriated statements about the DOT’s decision. “Fresh off their ludicrous attempt to tie highway funding to birthrates, the Trump administration is attacking the freedom to move, including the freedom to drive, and putting their own agendas above what Americans and the market are demanding,” Jared Polis, the governor of Colorado, said.

Wisconsin Governor Tony Evers had more strong words. “Just a week after I joined Kwik Trip to launch Wisconsin’s first federally funded EV charging stations, Sean Duffy and the Trump Administration want to yank tens of millions of investments to help build infrastructure for the 21st Century across Wisconsin,” he said.

An important thing to understand about NEVI is that after a state has its annual plan approved, it is legally entitled to that year’s allocation of funding. That doesn’t mean said funding immediately gets transferred into the state’s coffers, however. States have to continually request reimbursement from the federal DOT as they implement their programs. So, for example, if a state puts out a request for proposals for NEVI projects, it can then invoice the federal government for the related administrative costs. Once the state awards grants to specific projects, those projects have to reach certain benchmarks before they get any money. If the first benchmark is getting permits, for example, then once a project is permitted, its developer can invoice the state government for the associated costs, and then the state government can file with the federal government for reimbursement.

According to Paren, an EV charging data analytics firm that has been closely following the rollout of the NEVI program, states are legally entitled to spend roughly $3.27 billion on NEVI. That accounts for plans approved for fiscal years 2022 through 2025. To date, states have awarded about $615 million of the funds to just under 1,000 projects — with 10% of those projects being led by Tesla.

The letter says states will still be able to get reimbursed for expenses related to previously awarded projects, “in order to not disrupt current financial commitments.” But the more than $2.6 billion that has not been awarded will be frozen.

“This has been a learning curve for state DOTs and we’re just beginning to hit our stride in a lot of ways,” said Balik. “Exactly the worst time to cut this off at its knees.”

Prior to the memo issued Thursday, states had been divided over how to respond to the chaos of executive orders and court orders. At least six states — Alabama, Ohio, Nebraska, Rhode Island, Missouri, and Oklahoma — had already suspended their programs indefinitely.

“We are still working with FHWA to understand specific impacts to NEVI funding,” a spokesperson for the Ohio DOT told me on Thursday prior to the federal letter being released. Ohio had been an unexpected early leader for the NEVI program. It was the first state in the country to bring a NEVI-funded charging station online, in October 2023. It has since opened 18 additional stations, more than any other state, and has selected awardees to build 24 more. Missouri, by contrast, had been lagging behind. The state had not yet issued a single request for proposals.

But at least until Thursday evening, other states, such as Oregon and California, were advancing their programs. The Oregon DOT posted an informational notice about federal grants on its website earlier this week saying that NEVI funding was not frozen. A spokesperson for the California DOT told me on Thursday afternoon that, “For now, federal courts have prohibited federal agencies from pausing or terminating payment of federal financial assistance funds,” and that “Caltrans’ services remain fully operational.” When I followed up asking if these comments took into account the new letter issued Thursday, the agency said it would need to get back to me on Friday.

The decision to rescind the guidance and invalidate state plans is sure to face court challenges. The Federal Highway Administration, for its part, said it plans to issue new draft guidance for NEVI in the spring, which will then be subject to public comment before being finalized — so the agency doesn’t seem to be trying to throw the program out altogether.

Editor’s note: This story has been updated to include statements from the governors of Wisconsin and Colorado.

Green

You’re out of free articles.

Subscribe to access Heatmap’s expert analysis of climate change, clean energy, and sustainability. Save $57 on an annual subscription, just $156 $99/year.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Spotlight

How Congress’ Biggest Tech Booster Got Wrapped Up in a Data Center Land Deal

Microsoft says it bought nearly 3,500 acres of land near Cheyenne from the family of Wyoming Senator Cynthia Lummis.

Cynthia Lummis.
Heatmap Illustration/Getty Images

The family of one of Congress’ biggest Big Tech boosters has reportedly sold thousands of acres of land to Microsoft for a new data center.

Late Monday night, the city council in Cheyenne, Wyoming approved a measure necessary for Microsoft to connect a new data center campus to city services, including water access. The council’s action annexes almost 3,500 acres that was owned by relatives of the state’s junior senator, Cynthia Lummis. A Microsoft representative testified to the council that the company acquired the land on June 26.

Keep reading...Show less
Yellow
Climate Tech

The Next Big Thing in Hydrogen

“Geologic hydrogen” companies make up a hefty portion of the latest Activate Fellowship class, announced Tuesday morning — a reliable harbinger of investments to come.

Hydrogen and money.
Heatmap Illustration/Getty Images

The hype around clean hydrogen has come in waves, with investors and policymakers betting that the versatile molecule could help decarbonize everything from fertilizer production to long-haul shipping and heavy industry. Different production methods have come in and out of vogue: Around 2020 it was using carbon capture and storage, then electrolysis powered by clean electricity and subsidized by generous tax credits in the Inflation Reduction Act. More recently, venture capitalists have poured money into the search for naturally occurring deposits hidden underground.

So far, none of these approaches has delivered cheap, low-carbon at any kind of scale. Yet enthusiasm for this latest frontier — so-called geologic hydrogen — has continued to build.

Keep reading...Show less
Blue
AM Briefing

Dubai Bypass

On American nuclear, a labor union record, and climate tech’s resurgence

Fujairah.
Heatmap Illustration/Getty Images

Current conditions: New England is bracing for a series of severe thunderstorms this afternoon with the potential to cause widespread damage from winds and flooding • A firefighting helicopter crashed while battling Colorado’s Gold Mountain Fire, killing the pilot • Temperatures in Delhi, India, are nearing 100 degrees Fahrenheit today.

THE TOP FIVE

1. The UAE is planning a new port to bypass the Strait of Hormuz

Dubai is planning to build a new port and container terminal on the United Arab Emirates’ east coast in a bid to circumvent the Strait of Hormuz and neuter Iran’s ability to leverage its control of the waterway toward geopolitical ends. On Monday, the Financial Times reported that DP World, the logistics giant and port operator based in the glitzy Emirati megacity, was working on a new port in the coastal area of Fujairah. The company’s Jebel Ali hub, located near the contested maritime route, has long served as “Dubai’s crown jewel.” But the newspaper said “shifting some of the port’s capacity outside Dubai marks a seismic change for the emirate, which has established itself as a global trade and finance hub partly off the back of Jebel Ali’s growth.” After all, activity at the port nosedived by as much as 95% after the United States and Israel began bombing Iran in February.

Keep reading...Show less
Blue