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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."
"The public has a right to know that their tax dollars are being spent in the public's best interest and not to benefit a government employee's financial interests," according to a recent ethics complaint filed by the Campaign Legal Center.
The drum beat for a federal probe into whether billionaire and GOP donor Elon Musk violated conflict of interest law through his dealings with the U.S. Federal Aviation Administration is growing louder following reporting that technology from Musk's Starlink, the satellite network developed by its company SpaceX, will be involved in upgrading the FAA air traffic control system.
On Monday, a group of Democratic senators sent a letter to Attorney General Pam Bondi and Acting Inspector General at the Transportation Department, Mitch Behm, demanding an investigation into whether Musk's activities at the FAA have violated the criminal conflict of interest statute. The letter was first reported by The Guardian on Monday.
"We are concerned that Musk... may be using his government role to benefit his own private company," the senators wrote.
The letter, sent by Sens. Chris Van Hollen (D-Md.), Richard Blumenthal (D-Conn.) and Elizabeth Warren (D-Mass.) cites coverage from The Washington Post, which in late February reported that the FAA was considering canceling a $2.4 billion Verizon contract to upgrade the FAA's communication system "that serves as the backbone of the nation's air traffic control system" and award the work to Starlink, citing unnamed sources.
The letter follows an ethics complaint, filed last week by the nonpartisan legal group Campaign Legal Center (CLC) to Behm, also asking for an investigation into whether the FAA's business transactions with Starlink "are improper due to violations of the criminal conflict of interest law."
Both the letter from the Democratic senators and the CLC complaint cite a section of federal statute that prohibits government employees—including special government employees, which is Musk's designation—from "participat[ing] personally and substantially" in any "particular matter[s]" in which the employee, their spouse, their companies, or other business partners have any "financial interest."
"Public reports establish that the FAA began using Starlink services and considering contracts with the company in response to Musk's requests," according to the letter from CLC. "The public has a right to know that their tax dollars are being spent in the public's best interest and not to benefit a government employee's financial interests."
In early February, Musk—who has been deputized by U.S. President Trump to pursue cuts to government spending and personnel—said that his so-called Department of Government Efficiency(DOGE) will "aim to make rapid safety upgrades to the air traffic control system."
According to Bloomberg, a SpaceX engineer arrived at the FAA headquarters in late February to "deliver what he described as a directive from his boss Elon Musk: The agency will immediately start work on a program to deploy thousands of the company's Starlink satellite terminals to support the national airspace system."
"There is no effort or intent for Starlink to 'take over' any existing contract," SpaceX wrote on X in early March. The company said it is working in coordination with another prime contractor for the FAA's telecommunications infrastructure "to test the use of Starlink as one piece of the infrastructure upgrades so badly needed along with fiber, wireless, and other technologies."
Per Bloomberg, the FAA is already testing or actively using multiple Starlink terminals.
The CLC letter argues that reporting provides evidence that "the FAA's business relationship with Starlink is tainted by Musk's influence. Musk is a government official with broad authority who acts with direct support from the president. With this authority and support, he has openly criticized the FAA's contractors while directing the agency to test and use his company's services."
This "establish[es] a possible criminal conflict of interest violation, and an [Office of Inspector General] investigation is needed to determine whether the facts constitute a legal violation," per the CLC letter.
The requests to probe Musk's business connections to the FAA come as the U.S. has dealt with a series of plane crashes and accidents, which in some cases have been deadly, and has invited scrutiny of the country's air traffic control system.
John P. Pelissero, the director of a government ethics program at Santa Clara University, told the Post that it appears that "because of Musk's current position in DOGE and his closeness to Trump he and his company are getting an advantage and getting a contract," speaking of the potential Verizon contract cancellation.
"Who's looking out for the public interest here when you get the person who's cutting budgets and personnel from the FAA, suddenly trying to benefit from still another government contract?" Pelissero said, according to the Post.
Rep. Jerry Nadler of New York called the U.S. Department of Transportation's rationale for terminating tolling approval for the program "utterly baseless and frankly, laughable."
The Trump administration on Wednesday notified New York Gov. Kathy Hochul that it is moving to terminate New York City's congestion pricing program, a tolling scheme launched earlier this year that levies a $9 fee on most drivers entering Manhattan below 60th Street.
The program, which is slated to generate $15 billion in revenue for New York City's mass transit system, was a hard-fought victory for environmental groups, mass transit advocates, and New York's Metropolitan Transportation Authority (MTA). New York State Lawmakers approved the initiative in 2019 after which point it entered a multiyear federal approvals process.
Congestion pricing has been opposed by various groups and public figures, including the New Jersey governor, the labor union the United Federation of Teachers, and some lawmakers who represent voters in outer boroughs and the suburbs.
Democratic leaders in New York have vowed to fight the Trump administration's move and the MTA has already filed a lawsuit in federal court challenging the order.
In a letter to Hochul, Transportation Secretary Sean Duffy wrote that he and U.S. President Donald Trump have concerns about congestion pricing's impact on residents that use the tolled roads and that, in a reversal of a determination made by the previous administration in late November, the scheme is "not eligible" under the Federal Highway Administration's Value Pricing Pilot Program. By rescinding the agreement signed under the pilot program, the administration is aiming to effectively end the initiative's tolling authority.
Duffy called the program a "slap in the face to working-class Americans and small business owners," and separately, U.S. President Donald Trump took to his social media platform Truth Social on Wednesday to celebrate, writing: "CONGESTION PRICING IS DEAD. Manhattan, and all of New York, is SAVED. LONG LIVE THE KING!"
In response to the administration's aims to shut down the program, Hochul said Wednesday that "public transit is the lifeblood of New York City and critical to our economic future—as a New Yorker, like President Trump, knows very well."
"We are a nation of laws, not ruled by a king... We'll see you in court," said the Democratic governor, who was widely criticized for halting congestion pricing last year before it had launched. The program later did move ahead with cheaper tolls.
MTA chairman and CEO Janno Lieber said in a Wednesday statement that "it's mystifying that after four years and 4,000 pages of federally supervised environmental review—and barely three months after giving final approval to the Congestion Relief Program—[U.S. Department of Transportation] would seek to totally reverse course."
Rep. Jerry Nadler (D-N.Y.) called the arguments made in Duffy's letter "utterly baseless and frankly, laughable."
"The notion of revoking approval for a federal initiative of this magnitude is nearly without precedent. I firmly believe that there is no legal basis for the President to unilaterally halt this program," he said.
Rep. Dan Goldman (D-N.Y.) called Trump's rationale for the move "hypocritical and groundless"
According to The New York Times, legal experts have doubts about whether the federal government can shut down congestion pricing.