Colorado sues Trump administration over EV charging funds

DENVER — Colorado on Tuesday joined a coalition of 16 states and the District of Columbia in suing the Trump administration, alleging it illegally suspended federal funding for electric vehicle charging infrastructure approved by Congress.

Attorney General Phil Weiser co-led the lawsuit, which challenges the U.S. Department of Transportation’s refusal to approve new funding under two bipartisan grant programs created by the 2021 Bipartisan Infrastructure Law. The programs are the Charging and Fueling Infrastructure Program and the Electric Vehicle Charger Reliability and Accessibility Accelerator Program.

According to the complaint, the transportation department has not provided notice or explanation for halting approvals and has effectively frozen the programs despite a congressional mandate to distribute the funds.

“The USDOT appears to have implemented a de facto freeze of charging and fueling infrastructure funds, in violation of Congress’s directive to fund this program,” Weiser said. “This is not necessarily a new tactic, and the courts have stopped similar efforts by this administration to freeze funds while conducting vague policy reviews. Demand for electric vehicles continues to grow rapidly in Colorado and I’m committed to fighting for EV owners and clean air.”

Like the National Electric Vehicle Infrastructure Formula Program, the CFI and Accelerator programs are five-year initiatives designed to build or repair EV chargers nationwide. The lawsuit alleges that the Department of Transportation and the Federal Highway Administration have declined to obligate new funds under both programs since spring 2025.

Colorado officials say the funding freeze puts multiple projects at risk. In January 2024, the Federal Highway Administration awarded Colorado State University nearly $9 million through the CFI program to develop three public hydrogen fueling stations along Interstate 25 near CSU campuses in Fort Collins, Denver and Pueblo. The project is intended to improve access for medium- and heavy-duty hydrogen-powered fleets and light-duty electric vehicles.

To date, CSU has received about $1.1 million, which has been used for design and permitting. The university has been unable to secure construction funds, and inquiries about additional funding obligations have gone unanswered, according to the complaint. The City of Pueblo and Boulder County also face uncertainty over millions of dollars earmarked for charging and fueling infrastructure.

The lawsuit argues that the administration’s refusal to release the funds violates the separation of powers and the Administrative Procedure Act. The programs were established by statute, and federal agencies are required to carry out the law as written, the complaint states.

The states are asking the court to declare the funding freeze unlawful and permanently bar the administration from withholding funds.

The lawsuit is being led by the attorneys general of California, Colorado and Washington. They are joined by the attorneys general of Arizona, Delaware, the District of Columbia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Oregon, Rhode Island, Vermont and Wisconsin, as well as the governor of Pennsylvania.