TRENTON, N.J. — Acting Attorney General Jennifer Davenport said a federal court has ordered the restoration of electric vehicle charging infrastructure funds to New Jersey, ruling in the state’s favor in a lawsuit challenging the federal government’s pause on congressionally approved funding.
In a decision issued late last week, a U.S. District Court judge ruled that funding under the National Electric Vehicle Infrastructure Formula Program, known as NEVI, must be reinstated. New Jersey is slated to receive about $73 million through the program, which was created by Congress under the Infrastructure Investment and Jobs Act.
“This win puts New Jersey back on track for $73 million in funding unlawfully stripped away through the Trump Administration’s illegal actions,” said Acting Attorney General Davenport. “New Jerseyans want sustainable transportation options, and my office will always fight on behalf of hard-working commuters, residents, and the State’s economy when the federal government oversteps its authority.”
The NEVI program was established after Congress passed the Infrastructure Investment and Jobs Act in 2022, allocating $5 billion nationwide to support the buildout of electric vehicle charging stations. New Jersey’s implementation plan for the program had previously been approved by the Federal Highway Administration, most recently in November 2024, and the state awarded construction contracts in 2024, according to court filings.
In January 2025, an executive order directed federal agencies to pause disbursement of certain infrastructure funds. The Federal Highway Administration later notified states that previously approved NEVI plans were being revoked, despite the congressional mandate to fund the program, the lawsuit alleged.
New Jersey joined a coalition of 17 states and jurisdictions in filing suit in May 2025, arguing that the federal government’s actions violated the Administrative Procedure Act and the constitutional separation of powers. The court previously issued a preliminary injunction in June, and the latest ruling represents a final judgment in the case.
In its decision, the court ordered that state electric vehicle infrastructure deployment plans be restored to their prior legal status, citing the time and resources states had already invested in implementing the program.
The lawsuit was joined by attorneys general from Washington, Arizona, California, Colorado, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maryland, Minnesota, New Mexico, New York, Oregon, Rhode Island, Wisconsin and Vermont.
