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"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.
"Freezing these EV charging funds is yet another one of the Trump administration's unsound and illegal moves," said one climate advocate.
Climate campaigners are blasting the Trump administration's move to halt a $5 billion initiative to build electric vehicle chargers along highways across the United States and calling on Congress to fight back against the attack on the grant program from the 2021 bipartisan infrastructure law.
The National Electric Vehicle Infrastructure (NEVI) Formula Program was established by the Infrastructure Investment and Jobs Act. Natural Resources Defense Council's Beth Hammon said in a Friday statement that "on a bipartisan basis, Congress funded this program to build a new vehicle charging network nationwide. The Trump administration does not have the authority to halt it capriciously."
Hammon, a senior vehicle charging advocate at the group, warned that "stopping funding midstream will result in chaos and delays in states across the nation. It will throw state efforts into turmoil, wreak havoc with the companies that install the chargers, and risk the jobs of their workers. The only winner from this chaos is the oil industry."
"This should not stand. Courts have already blocked the Trump administration's other illegal attempts to halt legally mandated funding," she added. "Congress needs to stand up for itself: This move and many others from the Trump administration steals away its constitutionally established spending authority."
Katherine García, director of the Sierra Club's Clean Transportation for All campaign, similarly declared Friday that "freezing these EV charging funds is yet another one of the Trump administration's unsound and illegal moves. This is an attack on bipartisan funding that Congress approved years ago and is driving investment and innovation in every state, with Texas as the largest beneficiary."
"Throwing out states' plans, which were carefully built together with business, utilities, and communities, only hurts America's growing clean energy economy," she stressed. "The NEVI program has helped the U.S. build out the infrastructure needed to support our nation's necessary transition to pollution-free vehicles. More electric vehicle charging means better public health, reduced climate emissions, good-paying green jobs, and healthier communities."
President Donald Trump has taken various anti-climate actions since Inauguration Day—declaring a "national energy emergency," ditching the Paris agreement again, and enabling new liquefied natural gas exports. One executive order calls for "terminating the Green New Deal," and directs agencies to pause disbursement of funds appropriated through the Inflation Reduction Act and the 2021 law, specifically mentioning the NEVI program.
Trump targeted the initiative despite his ties to Tesla CEO Elon Musk, head of the president's destructive Department of Government Efficiency. Wiredreported that the billionaire's "electric automobile company has been a recipient of $31 million in awards from the NEVI program, according to a database maintained by transportation officials, accounting for 6% of the money awarded so far."
The Federal Highway Administration on Thursday sent a letter—first reported by InsideEVs—informing state transportation departments that "the new leadership of the Department of Transportation (U.S. DOT) has decided to review the policies underlying the implementation of the NEVI Formula Program," and, as a result, "is also immediately suspending the approval of all" state deployment plans previously greenlit by the Biden administration.
As Heatmapdetailed:
According to Paren, an EV charging data analytics firm that has been closely following the rollout of the NEVI program, states are legally entitled to spend roughly $3.27 billion on NEVI. That accounts for plans approved for fiscal years 2022 through 2025. To date, states have awarded about $615 million of the funds to just under 1,000 projects—with 10% of those projects being led by Tesla.
The letter says states will still be able to get reimbursed for expenses related to previously awarded projects, "in order to not disrupt current financial commitments." But the more than $2.6 billion that has not been awarded will be frozen.
The outlet noted that advocates expected Trump's attacks on the program won't survive legal challenges.
"This should be carefully scrutinized by states and the legal community," said Justin Balik, the senior state program director for Evergreen Action, "as it looks like an attempt to sabotage the program based on ideology that's dressed up in bureaucratic language about plan and guidance revisions."
Andrew Rogers, a former deputy administrator and chief counsel of the Federal Highway Administration, told Wired that "there is no legal basis for funds that have been apportioned to states to build projects being 'decertified' based on policy."
Paren chief analyst Loren McDonald also doesn't think that the Trump administration can legally suspend the program.
"I'm assuming the lawsuits from states will start soon, and this will go to court and Congress," McDonald toldPolitico. "But the Trump [administration] will succeed in just causing havoc and slowing things down for a while."
Already, Alabama, Oklahoma, Missouri, Rhode Island, Ohio, and Nebraska have put their NEVI programs on hold.
Whether Congress—particuarly Democrats, who are the minority party in both chambers—will fight back is unclear. Hill Heat's Brad Johnson pointed out on the social media platform Bluesky that two dozen members of the Senate Democratic Caucus voted with Republicans to confirm Trump's DOT chief, Sean Duffy.
After 24 Senate Democrats joined all GOP to confirm climate denier Sean Duffy as Transportation Secretary, he illegally called for the shut down of the National Electric Vehicle Charging Program, established by the Bipartisan Infrastructure Law.
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— Brad Johnson ( @climatebrad.hillheat.com) February 6, 2025 at 11:36 PM
As Common Dreamsreported last month, right after Duffy was confirmed, the secretary directed DOT staff to immediately begin the process of rescinding or replacing former President Joe Biden's clean car pollution standards.
"These commonsense, popular fuel economy standards save drivers money at the pump and reduce dangerous pollution from vehicles," Sierra Club's García said at the time. "Sean Duffy is selling American families out to Big Oil, burdening us with higher fuel prices and more polluting gas-guzzlers that harm our health."