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"These bipartisan investments need to start flowing immediately," the top Democrat on the Senate Appropriations Committee said of the GAO finding as a lawsuit over the funding got a boost from green groups.
Key congressional Democrats on Thursday welcomed a government watchdog's finding that the Trump administration unlawfully withheld appropriated funds for building electric vehicle charging infrastructure across the United States‚ a decision that came as advocacy groups joined a related lawsuit filed by state attorneys general.
Shortly after returning to office in January, President Donald Trump issued an executive order directing agencies to pause disbursement of funds appropriated under the Inflation Reduction Act and the bipartisan Infrastructure Investment and Jobs Act, specifically mentioning the National Electric Vehicle Infrastructure (NEVI) Formula Program.
In response, the U.S. Department of Transportation (DOT) and one of its agencies, the Federal Highway Administration, in February canceled previously issued guidance for the NEVI program and suspended plans that states had submitted for grant money—which led to calls for Congress to stand up to the administration's "illegal attempts to halt legally mandated funding."
The Government Accountability Office (GAO) said in its Thursday decision that the department violated the Impoundment Control Act: "DOT is not authorized to withhold these funds from expenditure and DOT must continue to carry out the statutory requirements of the program. While DOT cannot withhold these funds under the ICA, DOT could propose funds for rescission or otherwise propose legislation to make changes to the NEVI Formula Program for consideration by Congress."
"The Trump administration didn't just break the law—it shortchanged the American people."
Politicoreported that "the GAO could issue similar rulings in the coming months, as the independent, nonpartisan watchdog agency works through at least 39 investigations into whether the Trump administration violated the Impoundment Control Act. GAO rulings are nonbinding but could influence Congress' response to... Trump's freezing of billions of dollars lawmakers intended to flow to specific programs and projects, as well as the many ongoing lawsuits challenging the president's tactics."
In a Thursday statement about the GAO findings, U.S. Senate Appropriations Committee Vice Chair Patty Murray (D-Wash.) said, "This legal decision affirms what we've long known: The president is breaking the law to block funding Congress passed on a bipartisan basis and that is owed to the American people—simply because he disagrees with it. This plain fact is unacceptable—and it cannot stand any longer."
"Congress passed the Bipartisan Infrastructure Law by wide margins and specifically provided funding for every state to build out a network of chargers for the electric vehicles that families are increasingly turning to and that are being made right here in America, she continued. "These investments should be getting out the door—creating new jobs and helping Americans get where they need to go without interruption—but President Trump has illegally choked this funding off."
"These bipartisan investments need to start flowing immediately—as do the hundreds of billions of dollars in other investments President Trump is holding up," she added, taking aim at his Office of Management and Budget (OMB) director. "I don't care about Russ Vought's personal interpretation of our spending laws; the Constitution is clear, and President Trump simply does not have the power of the purse—Congress does."
House Budget Committee Ranking Member Brendan Boyle (D-Pa.) released a similar statement welcoming the GAO's new legal opinion that "the Trump administration broke the law when it blocked funding that Congress had already approved."
"That money was supposed to build and maintain a nationwide EV charging network—and with it, create good-paying jobs in communities across the country," he stressed. "Instead, the administration stalled economic growth, delayed critical infrastructure, and undermined job creation—all without a shred of legal authority."
"This wasn't just a legal violation. It was an economic setback for American workers, and a direct hit to the communities counting on these investments," Boyle added. "The Trump administration didn't just break the law—it shortchanged the American people."
According to Politico, while the DOT could not be reached for comment, an OMB spokesperson called GAO's opinion "wrong" and said the department is "appropriately using the authority granted to it by statute to review state plans."
Standing up for cleaner vehicles and clean air. @sierraclub.org @climatesolutions.org @earthjustice.org and allies sue Trump Admin for illegally impounding funds that Congress appropriated for EV charging. www.sierraclub.org/press-releas...
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— Ross Macfarlane (@rossmacfarlane.bsky.social) May 22, 2025 at 3:53 PM
The attorneys general of 16 states and the District of Columbia disagree, and have filed a lawsuit in the U.S. District Court for the Western District of Washington. The Sierra Club, CleanAIRE N.C., Climate Solutions, Earthjustice, Natural Resources Defense Council, Plug In America, the Southern Alliance for Clean Energy, the Southern Environmental Law Center, and the West End Revitalization Association joined that legal challenge on Thursday.
"Donald Trump is trying to cut jobs, increase pollution, and endanger our health. We refuse to let him," said Sierra Club executive director Ben Jealous in a statement. "NEVI benefits everyone, whether you drive an EV or not, and the only people who benefit from blocking it are Big Oil and auto executives seeking to keep us hooked on fossil fuel-powered cars, while communities in every corner of the country lose out on infrastructure investments in our growing clean energy economy."
"The NEVI program is working and states are legally entitled to the money allocated to them by Congress," Jealous added. "Once again, we are taking the Trump administration to court over its reckless and illegal actions."
Instead of making our health a priority, the administration has chosen to delay progress in order preserve a pollution-producing and car-centric status quo.
Picture this: You’re a kid in New York City living in the South Bronx and you have asthma. While friends go outside to play, you stay behind, worried that an asthma attack could send you to the hospital. Your neighborhood is surrounded by three highways and five bridges, with 300 trucks driving by every hour spewing toxic pollution. Unfortunately, this is common for many children in the lower income areas of the city who face disproportionate air pollution. Children in the South Bronx face a 17% asthma risk, over double the national average. In 2016, asthma-related ER visits were over six times higher in New York City’s low-income areas.
Neighborhoods like the South Bronx and Harlem are uniquely vibrant, but their problem with pollution is not unique as over a third of us—39% of the country—live in areas with failing air quality grades. Despite this clear public health crisis, the Trump administration is actively dismantling solutions to reduce these transportation emissions that disproportionately harm low-income communities and communities of color.
Traffic, industrial activity, and other sources create Particulate Matter 2.5 (soot) pollution. In NYC, soot contributes to 2,000 deaths and 5,150 emergency visits and hospitalizations for respiratory and heart disease each year.
Increased emergency room visits, cancer rates, and even premature deaths are the consequences of our current economic system and policies that pollute our communities, schools, workplaces, and places of worship. Traffic, industrial activity, and other sources create Particulate Matter 2.5 (soot) pollution. In NYC, soot contributes to 2,000 deaths and 5,150 emergency visits and hospitalizations for respiratory and heart disease each year. For people of color this risk is greater as they are 2.3 times more likely than white people to live in a county with failing air quality grades. Our freight system, which moves the goods we all rely on, creates especially dangerous “Diesel Death Zones,” that harm primarily low-income and communities of color. Freight trucks and buses make up less than 10% of the vehicles on U.S. roads, but are responsible for more than half of the soot and nitrogen oxide emissions from the transportation sector. Decades of racist zoning decisions, weak environmental and public health protections, and other discriminatory policies have resulted in a dirty transportation system that overwhelmingly hurts our communities.
The reality is not hopeless: The electrification of personal and freight vehicles, the expansion of mass transit, and other strategies can expand affordable transportation options, reduce air pollution, and save lives. Electrifying trucking and transitioning our grid to clean renewable energy would result in over $1.2 trillion in public health benefits and an 84% decrease in deaths from diesel emissions by 2050. With public transit expansion, we could further reduce emissions and lower transportation costs for families. Currently, low-income families spend around 30% of their salary on transportation, but with transit expansion we could save residents in urban areas an average of $2,000 per year. This would also open up options for those unable to drive and save 84,000 lives from traffic fatalities by 2050. The bottom line is that transitioning to cleaner vehicles and improving public transit makes us healthier and more connected, reduces emissions driving climate change, creates jobs, and boosts the economy.
For decades, WE ACT for Environmental Justice has advocated for and advanced equitable, clean transportation regulations and investments at the city, state, and federal levels. In New York, our initiatives, including the successful Dirty Diesel campaign, helped reduce emissions from the Metropolitan Transportation Authority’s (MTA) bus fleet by 95% citywide. At the Federal level, WE ACT and the “Clean Air for the Long Haul” cohort worked with the Biden-Harris administration and the Environmental Protection Agency (EPA) to update federal regulations to reduce pollution from vehicles. We also advocated passing the largest ever investments for climate justice, which provided long-needed funds for decarbonizing transportation through the Inflation Reduction Act (IRA) and Infrastructure Investment and Jobs Act (IIJA), as well as to advance landmark executive orders. After decades of advocacy, the Biden-Harris administration finally began moving toward a holistic approach to center environmental justice.
Freight trucks and buses make up less than 10% of the vehicles on U.S. roads, but are responsible for more than half of the soot and nitrogen oxide emissions from the transportation sector.
Today, this progress is under threat as the Trump administration and Republican allies are determined to attack environmental justice and dismantle these policies. On his first day in office, President Donald Trump signed Executive Order 14154 “Unleashing American Energy,” which called to repeal the “Electric Vehicle (EV) Mandate.” The term “EV Mandate” conflated several federal and state regulations that curbed vehicle emissions. Under the false banner of protecting consumer choice, the administration aims to undo protective emissions regulations, despite pleas from even automakers not to do so. In addition, the administration has rescinded memos that directed state transportation agencies to take into account environmental justice in transportation planning. Most viciously, the administration illegally froze funds for programs like the Clean School Bus Program, established under IIJA, which supports school districts in transitioning to clean, zero-emission buses. This threatens the health of children and families, and puts school districts in a difficult position.
Instead of making our health a priority, the administration has chosen to delay progress in order preserve a pollution-producing and car-centric status quo. Actions violating the U.S. Constitution, rule of law, and sound science, along with ignoring the needs of everyday people, have become hallmarks of this administration. Now, Trump and his allies are attempting to illegally remove California’s right to lead in the clean transportation transition by repealing the state’s waivers to regulate vehicle emissions. The administration is also interfering in NYC’s efforts to curb emissions and to fund the MTA’s public transportation through congestion pricing.
Right now, we need our elected officials to stand up for their constituents, for clean air, and for our future. Vulnerable communities across the country bear the overwhelming majority and heavy toll of air pollution, economic struggles, and worsening extreme weather driven by the climate crisis. Our leaders should address these issues, not make them worse to serve the interests of polluting industries.
We have the opportunity to clean up our dirty transportation sector, address and reverse decades of discriminatory policies, and better our lives. Children with asthma; families; and residents of the South Bronx, Harlem, and communities nationwide deserve clean air and fair, accessible transportation. The Trump administration and allies are pushing to shift us into reverse; instead, we must protect our clean transportation progress and drive positive change forward.
"Let's be clear: This is the beginning, not the end, of the fight for Americans' fundamental rights to join a union," said one labor leader.
Labor advocates condemned Friday's announcement by the Trump administration that it will end collective bargaining for Transportation Safety Administration security officers, a move described by one union leader as an act of "dangerous union-busting ripped from the pages of Project 2025."
The U.S. Department of Homeland Security (DHS) claimed in a statement Friday that collective bargaining for the TSA's security officers "constrained" the agency's chief mission of protecting transportation systems and keeping travelers safe, and that "eliminating collective bargaining removes bureaucratic hurdles that will strengthen workforce agility, enhance productivity and resiliency, while also jumpstarting innovation."
All the union leaders who supported Trump (like Sean O'Brien) should have to answer some painful questions about Trump rescinding collective bargaining rights for TSA agents.
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— Mike Nellis (@mikenellis.bsky.social) March 7, 2025 at 10:03 AM
As Huffpost labor reporter Dave Jamieson explained:
Workers at TSA, which Congress created in the wake of the 9/11 terrorist attacks, do not enjoy the same union rights as employees at most other federal agencies. Bargaining rights can essentially be extended or rescinded at the will of the administrator.
Those rights were introduced at TSA by former President Barack Obama and strengthened under former President Joe Biden. But now they are being tossed aside by Trump.
"Forty-seven thousands transportation security officers show up at over 400 airports across the country every single day to make sure our skies are safe for air travel," Everett Kelley, national president of the American Federation of Government Employees (AFGE), said in response to DHS announcement. "Many of them are veterans who went from serving their country in the armed forces to wearing a second uniform protecting the homeland and ensuring another terrorist attack like September 11 never happens again."
Kelley argued that President Donald Trump and Homeland Security Secretary Kristi Noem "have violated these patriotic Americans' right to join a union in an unprovoked attack."
"They gave as a justification a completely fabricated claim about union officials—making clear this action has nothing to do with efficiency, safety, or homeland security," he said "This is merely a pretext for attacking the rights of regular working Americans across the country because they happen to belong to a union."
AFGE—which represents TSA security officers—has filed numerous lawsuits in a bid to thwart Trump administration efforts, led by Elon Musk's Department of Government Efficiency, to terminate thousands of federal workers and unilaterally shut down government agencies under the guise of improving outcomes.
"This is merely a pretext for attacking the rights of regular working Americans across the country because they happen to belong to a union."
"Our union has been out in front challenging this administration's unlawful actions targeting federal workers, both in the legal courts and in the court of public opinion," Kelley noted. "Now our TSA officers are paying the price with this clearly retaliatory action."
"Let's be clear: This is the beginning, not the end, of the fight for Americans' fundamental rights to join a union," Kelley stressed. "AFGE will not rest until the basic dignity and rights of the workers at TSA are acknowledged by the government once again."
AFL-CIO president Liz Shuler said in a statement: "TSA officers are the front-line defense at America's airports for the millions of families who travel by air each year. Canceling the collective bargaining agreement between TSA and its security officer workforce is dangerous union-busting ripped from the pages of Project 2025 that leaves the 47,000 officers who protect us without a voice."
"Through a union, TSA officers are empowered to improve work conditions and make air travel safer for passengers," Shuler added. "With this sweeping, illegal directive, the Trump administration is retaliating against unions for challenging its unlawful Department of Government Efficiency actions against America's federal workers in court."