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Wisconsin joins suit against Trump’s order cutting off vehicle charging station funds

By: Erik Gunn
Electric car charging station

An electric car charges up at a charging station in New York. Wisconsin has joined 14 other states and the District of Columbia in a lawsuit against the Trump administration for cutting off federal funds that had been approved for states to build up their electric vehicle charging networks. (Photo by Spencer Platt/Getty Images)

A group of states, including Wisconsin, that were promised federal funds to establish electric vehicle charging station networks sued the Trump administration and Transportation Secretary Sean Duffy this week for cutting off the promised grants.

“The Trump Administration and Secretary Duffy are singlehandedly trying to block Wisconsin from receiving the investments we were promised,” Gov. Tony Evers said in a statement Thursday. “It’s bad for the people of Wisconsin, it’s bad for our infrastructure, it’s bad for our economy, and it’s illegal.”

The lawsuit alleges that President Donald Trump’s executive order blocking electric vehicle charging station grants was illegal.

The lawsuit was filed late Wednesday in federal court in the state of Washington, which is the lead plaintiff among the suit’s 15 states and the District of Columbia.

Trump’s order “Unleashing American Energy,” signed the day he was inaugurated, told federal agencies to pause the distribution of funds that were appropriated during the Biden administration as part of the 2022 Inflation Reduction Act or the 2021 bipartisan infrastructure law.

The order said the pause was “including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program.” The National Electric Vehicle Infrastructure Formula Program, or NEVI, is part of the 2021 infrastructure law.

Wisconsin has been approved for $62.65 million in funding under the program for 15 EV infrastructure projects that were held up after Trump’s order. The governor’s office said several projects were “located in the congressional district that now-Secretary Duffy used to represent in the U.S. Congress.”

Trump’s order stated that it was written to eliminate an “electric vehicle (EV) mandate.” No such mandate exists, the lawsuit points out.

“But in the name of eliminating this fictional mandate, the Executive Order directs the Federal Highway Administration … to usurp the legislative and spending powers reserved to Congress by withholding congressionally appropriated funding for electric vehicle (“EV”) charging infrastructure required by statute to be distributed to States,” the lawsuit states.

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Trump budget puts clean-energy spending in crosshairs

President Donald Trump's budget request, released on May 2, 2025, proposes slashing $21 billion in unspent funds from the 2021 bipartisan infrastructure law for renewable energy, electric vehicle charging infrastructure and other efforts to cut climate-warming carbon dioxide emissions.  Shown are solar panels and wind turbines. (Photo by Marga Buschbell-Steeger/Getty Images)

President Donald Trump's budget request, released on May 2, 2025, proposes slashing $21 billion in unspent funds from the 2021 bipartisan infrastructure law for renewable energy, electric vehicle charging infrastructure and other efforts to cut climate-warming carbon dioxide emissions.  Shown are solar panels and wind turbines. (Photo by Marga Buschbell-Steeger/Getty Images)

President Donald Trump’s budget request for the next fiscal year proposes deep cuts to renewable energy programs and other climate spending as the administration seeks to shift U.S. energy production to encourage more fossil fuels and push the focus away from reducing climate change.

The budget proposes slashing $21 billion in unspent funds from the 2021 bipartisan infrastructure law for renewable energy, electric vehicle charging infrastructure and other efforts to cut climate-warming carbon dioxide emissions. The request also targets climate research spending and initiatives meant to promote diversity.

“President Trump is committed to eliminating funding for the globalist climate agenda while unleashing American energy production,” a White House fact sheet on climate and environment spending said. The budget “eliminates funding for the Green New Scam.”

The president’s budget request is a wish list for Congress, which controls federal spending, to consider. Even with both chambers of Congress controlled by Republicans who have shown an unusual willingness to follow Trump’s lead on a host of policies, it is best understood as a starting point for negotiations between the branches of government and a representation of the administration’s priorities.

A White House official speaking on background Friday, though, said the Trump administration is exploring ways to exert more control over the federal spending process, including by potentially refusing to spend funds appropriated by lawmakers.

The first budget request of Trump’s second term calls on Congress to cut non-defense accounts by $163 billion to $557 billion, while keeping defense funding flat at $893 billion.

‘Political talking points’

The proposal drew criticism for a focus on culture-war buzzwords, even from groups that are not always inclined to support environment and climate spending.

The request “is long on rhetoric and short on details,” Steve Ellis, president of the nonpartisan budget watchdog Taxpayers for Common Sense, said in a statement.

“This year’s version leans heavily on political talking points—taking aim at so-called ‘woke’ programs and the ‘Green New Scam,’ while proposing a massive Pentagon spending hike to pay for wasteful fantasies like the Golden Dome and diverting military resources to immigration enforcement missions.”

Renewable energy

The administration proposal would roll back funding Trump’s predecessor, Democrat Joe Biden, championed for renewable energy.

It would cancel more than $15 billion from the 2021 infrastructure law “purposed for unreliable renewable energy, removing carbon dioxide from the air, and other costly technologies that burden ratepayers and consumers,” according to the White House fact sheet.

It would also eliminate $6 billion for building electric vehicle charging infrastructure.

“EV chargers should be built just like gas stations: with private sector resources disciplined by market forces,” the fact sheet said.

And it would decrease spending on the Energy Department’s Energy Efficiency and Renewable Energy program, which helps private-sector projects secure financing and conducts research on low-carbon energy sources, by $2.5 billion.

In a statement, Rep. Marcy Kaptur, the ranking Democrat on the House Appropriations subcommittee that writes the bill funding energy programs, slammed the cuts to renewable energy programs, saying they would cost consumers and hurt a growing domestic industry.

“The Trump Administration’s proposal to slash $20 Billion from the Department of Energy’s programs — particularly a devastating 74% cut to Energy Efficiency and Renewable Energy — is shortsighted and dangerous,” the longtime Ohio lawmaker said. “By gutting clean energy investments, this budget threatens to raise energy prices for consumers, increase our reliance on foreign energy, and stifle American competitiveness. … We must defend the programs that power America’s future — cleaner, cheaper, and made right here at home.”

Diversity

Throughout the request, the administration targets programs out of line with Trump’s ideology on social issues, including those meant to promote diversity.

For energy and environment programs, that includes spending on environmental justice initiatives, which target pollution and climate effects in majority-minority and low-income communities, and organizations “that advance the radical climate agenda,” according to the fact sheet.

Research and grant funding for the National Oceanic and Atmospheric Administration would be particularly hard hit by the proposal, which would terminate “a variety of climate-dominated research programs that are not aligned with Administration policy of ending ‘Green New Deal’ initiatives, saving taxpayers $1.3 billion.”

The budget also proposes eliminating $100 million from a U.S. Environmental Protection Agency fund dedicated to environmental justice. That funding “enabled a witch hunt against private industry” and “gave taxpayer dollars to political cronies who exploited the program’s racial preferencing policies to advance an anti-oil and gas crusade,” according to the White House.

National Park Service targeted

The budget also proposes cutting $900 million from National Park Service operations, which the administration said would come from defunding smaller sites while “supporting many national treasures.”

The document indicates the administration would prefer to leave responsibility for smaller sites currently under NPS management to states and refocus the federal government on the major parks that attract nationwide and international tourists.

“There is an urgent need to streamline staffing and transfer certain properties to State-level management to ensure the long-term health and sustainment of the National Park system,” according to a budget spreadsheet highlighting major line items in the request.

Despite laws in recent years to boost spending for maintenance at parks, the National Park Service faces a $23.3 billion deferred maintenance backlog, according to a July 2024 report from the nonpartisan Congressional Research Service.

The proposed NPS cut represents the largest single funding change – either positive or negative – of any line item under the Department of Interior, which would receive a funding decrease of more than $5 billion, about 30%, under the proposal.

Jennifer Shutt contributed to this report.

Advocates frustrated by lack of transparency, engagement on regional hydrogen hub projects

Long white tubes hold pressurized hydrogen at an outdoor facility at the National Renewable Energy Laboratory.

Community and environmental justice advocates say the Biden administration is failing to deliver promised transparency and public engagement around its $7 billion clean hydrogen hub initiative.

“Engagement isn’t merely leading people into a process that’s going to happen with or without them,” said Tom Torres, hydrogen program director for the Ohio River Valley Institute, a nonprofit serving one of the regions where federally funded partnerships are trying to lay the groundwork for new local hydrogen economies. “It means meaningfully involving people in the decisions about the project.”

The U.S. Department of Energy announced funding in October 2023 for seven regional clean hydrogen hubs — clusters of interconnected projects meant to kickstart production of the fuel with little or no greenhouse gas emissions. Since then, the department has held online briefings and virtual listening sessions for each hub, but advocates say they are not getting the kind of information necessary to assess who will be impacted by the projects and how.

Torres and others say they want more than just dots on a map. They want to know how hydrogen will be produced, how it will be used, and how it will get to end users. For projects that depend on carbon capture, they want to know how and where the carbon will be captured, transported and stored. And once the specifics are known, they want a chance to have meaningful input on the final projects.

Spokespeople for the Department of Energy and regional hubs said the answers to those questions are still being worked out and that more engagement is on the horizon.  Advocates are increasingly frustrated and fear that community input will come too late to affect how the hubs are developed.

“It doesn’t make sense … on one hand to say there’s not enough on paper to tell the public about, but on the other hand there is enough to allocate almost $1 billion for these companies,” Torres said.

Are events just ‘checking a box’?

When burned as a fuel source, hydrogen does not emit carbon dioxide, but its production today almost always comes from fossil fuels. Some see a potential for hydrogen to replace natural gas in certain hard-to-electrify sectors such as industry or heavy duty transportation, but the benefits for addressing climate change hinge on whether it can be produced cleanly and at scale.

The Biden administration’s hydrogen hub program, part of the 2021 Bipartisan Infrastructure Law, aims to ramp up production of hydrogen made with low-carbon energy, including renewables, nuclear power, and fossil fuels paired with carbon capture. 

“It is literally like building the natural gas infrastructure that we have all over the place again for hydrogen,” said Shawn Bennett, energy and resilience manager for Battelle, the project manager for the Appalachian Regional Hydrogen Hub, ARCH2, which includes projects for Ohio, West Virginia and Pennsylvania. A majority of its projects will use steam methane reforming to make hydrogen from natural gas, along with carbon capture and storage. Other projects in the hub plan to make hydrogen from waste gases or from electrolysis, which uses energy to split water molecules. 

In May, dozens of groups urged the Department of Energy to suspend funding discussions for the ARCH2 project until the public receives detailed information beyond general maps and short project descriptions. On July 31 the Department of Energy formally committed the first $30 million of federal funding to ARCH2, with a total of up to $925 million to be spent over the next decade or so.

Last month, the Department of Energy committed up to $1 billion for the Midwest Alliance for Clean Hydrogen, MachH2, which spans Illinois, Indiana, Michigan and Iowa and plans to produce hydrogen from a mix of nuclear power, wind energy and natural gas. The department will hold a December 9 briefing on MachH2.

In response to the Energy News Network’s questions about community groups’ complaints about a lack of outreach, a Department of Energy spokesperson provided a statement saying it “has been actively engaged with these communities in support of the economic playbook” of the Biden-Harris administration.

The ARCH2 project held a community outreach session in West Virginia in November, and additional meetings will be held in Ohio and Pennsylvania early next year, Bennett said. Some community group members protested outside at the West Virginia session but then came inside for a good discussion, he added.

Torres said there was no general presentation at the West Virginia meeting, and company representatives were present for only a handful of the hub’s projects. Even then, project information was still sparse. 

“It wasn’t an opportunity for people’s voices to be heard,” he said. “What is the value of these events other than checking a box for these companies?”

Advocacy groups focusing on the MachH2 project said months went by without getting updates or details. Then last month, they got less than 24 hours’ notice for a briefing with general descriptions about the MachH2 hub projects.

During that session, representatives for the Department of Energy said a decision on the hub’s funding commitment would come soon, “probably next week sometime,” said Susan Thomas, the legislative and policy director and communications manager for Just Transition Northwest Indiana. Minutes after the November 20 session ended, the Department of Energy announced the MachH2 funding commitment. 

“Our jaws were on the table,” Thomas said.

Details remain to be worked out

Groups have been trying to get answers from the Department of Energy for more than a year, said Chris Chyung, executive director of Indiana Conservation Voters. In his view, the agency’s approach “is just flouting the law.” According to the Department of Energy’s website, engagement with communities and labor is a key principle required in hubs’ community benefits plans, which are part of hubs’ contractual obligations for funding.

Community groups learned in the November 20 briefing that the MachH2 community engagement would not address concerns related to any pipelines associated with the hub. Instead, those would be handled by a separate office within the Department of Energy. 

But a pipeline for northwestern Indiana “is absolutely part and parcel of [a] dirty hydrogen project that is part of MachH2,” and the community should get a say on it, said Lauren Piette, an attorney with Earthjustice, which does not consider hydrogen made with natural gas to be climate-friendly, even with carbon capture.

The Department of Energy spokesperson did not respond to the Energy News Network’s question about how community benefits for hub projects can fully be assessed if they don’t include consideration of issues and input related to necessary pipelines.

Representatives of the MachH2 and ARCH2 hubs who spoke at an Ohio Fuel Cell & Hydrogen Consortium program last month said they couldn’t practically engage in community outreach until funding commitments had been negotiated with the Department of Energy. Until then, it wasn’t certain whether each hub would move forward.

Also, as a practical matter, “there was no budget for these things,” Bennett said. Details for each hub’s projects are still being worked out, and ARCH2 is still trying to add additional project partners.

Even then, details for projects won’t be finalized until review under the National Environmental Policy Act, according to Neil Banwart, who is the chief integration officer for the MachH2 hub and also the managing director for hydrogen at Energy Systems Network. 

“It’s not a certainty that all of the projects will get built in the locations that we shared on a map,” he said.

Chyung said he felt the comments about funding were “a complete dodge on behalf of these extremely wealthy national corporations that have said since 2023 they were eager to get started on community outreach.”

Advocates frustrated by lack of transparency, engagement on regional hydrogen hub projects is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

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