January 29, 2026 Update
The United States District Court for the Western District of Washington on January 23, 2026, granted a motion for summary judgment to 20 states1 and the District of Columbia (the “Named Plaintiffs”) related to the United States Department of Transportation’s (U.S. DOT) and Federal Highway Administration’s (FHWA) (collectively, the “Defendants”) suspension of the National Electric Vehicle Infrastructure Formula Program (the “NEVI Program”) funding and revocation of FHWA-approved State Electric Vehicle Infrastructure Deployment Plans (the “State Deployment Plans”), required as a prerequisite for obligation of NEVI Program funds. The Court found that the Defendants’ actions suspending the approval of all State Deployment Plans and prohibiting new obligations under the NEVI Program violated the Administrative Procedures Act because the Defendants’ actions are in excess of statutory authority, are arbitrary and capricious, and are without observance of procedure required by law. The Court further enjoined the Defendants from suspending or revoking, or maintaining any current suspension or revocation of, previously-approved State Deployment Plans; from withholding or withdrawing NEVI Program funds for any previously approved State Deployment Plan for any reason not set forth in the Infrastructure Investment and Jobs Act (IIJA) or applicable FHWA regulations; or from withholding or withdrawing NEVI Program funds without following the IIJA’s substantive and procedural requirements for doing so.
This legal challenge was filed in May 2025, after the FHWA rescinded the NEVI Program’s guidance, revoked all prior approvals of State Deployment Plans, and suspended distribution of new NEVI Program funding until new guidance was issued and new State Deployment Plans were approved. In June 2025, the Court issued a preliminary injunction blocking the Defendants from withholding the money from the States of Arizona, California, Colorado, Delaware, Hawai’i, Illinois, Maryland, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, and Wisconsin. In August 2025, the FHWA issued Interim Final Guidance for the NEVI Program. See our previous blog related to the NEVI Program Interim Final Guidance here.)
1 The Named Plaintiffs in the lawsuit include the State of Washington; State of California; State of Colorado; State of Arizona; State of Delaware; State of Hawai’i; State of Illinois; the Office of the Governor of Kentucky, ex rel. Andy Beshear; State of Maryland; State of Michigan; State of Minnesota; State of New Jersey; State of New Mexico; State of New York; State of North Carolina; State of Oregon; Governor Josh Shapiro of Pennsylvania; State of Rhode Island; State of Vermont; and State of Wisconsin.
December 18, 2025
On December 16, 2025, a group of states1 filed a lawsuit in the United States District Court for the Western District of Washington challenging the United States Department of Transportation’s (U.S. DOT) and Federal Highway Administration’s indefinite suspension of the Charging and Fueling Infrastructure Discretionary Grant Program (the “CFI Program”) and the Electric Vehicle Charger Reliability and Accessibility Accelerator Program (the “Accelerator Program”). According to the lawsuit, the U.S. DOT suspended CFI Program funding after the January 20, 2025, issuance of Executive Order 14154, “Unleashing American Energy” (EO 14154), which called for elimination of the “electric vehicle (EV) mandate” and directed agencies to “immediately pause the disbursement of funds … for electric vehicle charging stations” made available through the National Electric Vehicle Infrastructure Formula Program (the “NEVI Program”) and the CFI Program. The states go on to allege that the suspension of the CFI Program puts $1.8 billion appropriated through the Infrastructure Investment and Jobs Act (IIJA) at risk.
The lawsuit also challenges U.S. DOT’s indefinite suspension of Accelerator Program funding which, under the IIJA, sets aside 10% of funds appropriated under the NEVI Formula Program for repair and replacement of existing, non-operational publicly accessible Level 2 and direct current fast chargers. Awards were made to 24 recipients under the Accelerator Program, but U.S. DOT paused activity on the Accelerator Program as well.
According to the states, pursuant to unpublished guidance internal to U.S. DOT, heads of Secretarial Offices and Operating Administrations were instructed to review all competitive award selections made after January 20, 2021, that were not fully obligated, for compliance with EO 14154 and Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”; Secretarial Order 2100.7, “Ensuring Reliance Upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities”; and Secretarial Memorandum on “Implementation of Executive Orders Addressing Energy, Climate Change, Diversity, and Gender.” The lawsuit states that U.S. DOT’s decision to continue the suspension of the CFI Program and Accelerator Program amount to an impoundment in contravention of the U.S. Constitution’s Spending Clause, Take Care Clause and Presentment Clause.
This lawsuit comes on the heels of a similar challenge to U.S. DOT’s pause in funding of the NEVI Formula Program, under which, in June 2024, a preliminary injunction was ordered against U.S. DOT.
1 The named Plaintiffs in the lawsuit are the State of California, State of Colorado, State of Washington, State of Arizona, State of Delaware, District of Columbia, State of Illinois, State of Maryland, Commonwealth of Massachusetts, State of Michigan, State of New Jersey, State of New York, State of Oregon, Governor Josh Shapiro of Pennsylvania, State of Rhode Island, State of Vermont and State of Wisconsin.
