Judge Rules USDOT Illegally Withheld EV Charging Infrastructure Funds

WA Attorney General News Releases

Filed January 26th, 2026

Detected February 7th, 2026

Summary

A federal judge ruled that the U.S. Department of Transportation illegally withheld approximately $1 billion in electric vehicle charging infrastructure funds from 20 states and the District of Columbia. The ruling stems from a multi-state lawsuit challenging the agency's actions following an executive order.

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What changed

A federal judge has issued a final ruling in a multi-state lawsuit, determining that the U.S. Department of Transportation (DOT) and the Federal Highway Administration (FHWA) unlawfully withheld approximately $1 billion in National Electric Vehicle Infrastructure (NEVI) Formula Program funds. The court found the agencies' actions to be arbitrary and capricious, barring them from suspending or revoking approved plans or withholding funds for reasons not expressly authorized by Congress in the Infrastructure Investment and Jobs Act (IIJA).

This ruling mandates that the DOT and FHWA must release the previously withheld funds to the plaintiff states and the District of Columbia. Regulated entities, particularly those involved in electric vehicle charging infrastructure projects that were impacted by the funding freeze, should review the court's order to understand the implications for their projects and any potential recourse. The decision reinforces the importance of adhering to congressional appropriations and administrative procedures, with potential implications for future federal funding allocations and agency discretion.

Source document (simplified)

FOR IMMEDIATE RELEASE:

Jan 26 2026

In a multi-state lawsuit co-led by Washington, California, and Colorado, a federal judge issued a final ruling that the U.S. Department of Transportation (DOT) illegally withheld about $1 billion in funding for the National Electric Vehicle Infrastructure (NEVI) Formula Program from 20 states and the District of Columbia.

“All across the state, Washingtonians are embracing clean energy and switching to electric vehicles, and they need a robust network of charging stations,” Attorney General Nick Brown said. “That’s why my team and I have fought so hard to make sure the federal government follows the law and provides the funding that Congress intended.”

In the 2021 Infrastructure Investment and Jobs Act (IIJA), Congress appropriated $5 billion for the NEVI Formula Program to facilitate nationwide deployment of electric vehicle charging infrastructure and improve charging reliability for the public. States developed and were carrying out plans to build that network when President Trump, on day one of his administration, issued an executive order directing federal agencies to immediately stop releasing NEVI funds. Following that directive, DOT abruptly halted the NEVI program. A coalition of states led by the attorneys general of Washington, California, and Colorado sued in May and won a preliminary injunction from U.S. District Court Judge Tana Lin in June. Seven environmental non-profit organizations also joined the litigation.

Now, in her summary judgment order, Judge Lin said DOT and the Federal Highway Administration (FHWA) acted outside the law and their actions were arbitrary and capricious. She barred DOT and FHWA from suspending or revoking the plaintiff states’ approved electric vehicle infrastructure plans in the future and from withholding their NEVI Formula Program funds for any reason not expressly authorized by Congress in the IIJA.

“Such capriciousness runs counter to the Administrative Procedure Act; it is simply not how things are lawfully done,” Judge Lin wrote in her order.

In addition to Brown, California Attorney General Rob Bonta, and Colorado Attorney General Phil Weiser, the attorneys general of Arizona, Delaware, Hawai‘i, Illinois, Maryland, Minnesota, New Jersey, New Mexico, Michigan, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, and the governors of Kentucky and Pennsylvania joined the case.

Sierra Club, Natural Resources Defense Council, Climate Solutions, Southern Alliance for Clean Energy, CleanAIRE NC, West End Revitalization Association, and Plug In America also joined as plaintiff-intervenors.

A copy of the summary judgment order is available here.

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