Federal Judge Reinstates $1 Billion in EV Charging Funds After Lawsuit

A federal judge has ruled that the U.S. Department of Transportation (DOT) unlawfully withheld approximately $1 billion in funding designated for electric vehicle (EV) charging infrastructure. This decision, issued in a multistate lawsuit joined by Maryland Attorney General Anthony G. Brown, will allow 20 states and the District of Columbia to access funds from the National Electric Vehicle Infrastructure (NEVI) Formula Program. The ruling ensures that these critical funds, intended to expand the nation’s EV charging network, will be released.

The Infrastructure Investment and Jobs Act (IIJA), passed in 2021, allocated $5 billion to the NEVI program to facilitate the widespread deployment of EV charging stations and enhance their reliability for the public. States had developed and begun implementing plans to construct this network when, according to the lawsuit, a directive from the Trump administration halted the release of NEVI funds. Consequently, the DOT abruptly paused the program. A coalition of states, including Maryland, initiated legal action in May and secured a preliminary injunction in June from U.S. District Court Judge Tana Lin, which reestablished funding. Maryland alone was awarded $34.5 million in NEVI funds as a result of this initial legal success. Environmental organizations such as the Sierra Club, Natural Resources Defense Council, and others also joined the lawsuit as plaintiff-intervenors.

In her subsequent summary judgment order, Judge Lin determined that the DOT and the Federal Highway Administration (FHWA) acted unlawfully and arbitrarily in their suspension of the program. The judge has now barred these federal agencies from future attempts to suspend or revoke the approved electric vehicle infrastructure plans of the plaintiff states. Furthermore, the DOT and FHWA are prohibited from withholding NEVI Formula Program funds for reasons not explicitly authorized by Congress in the IIJA. The court’s decision aims to provide states with the financial stability needed to move forward with critical infrastructure projects that support the transition to electric vehicles.

The coalition of states that joined the lawsuit is extensive. In addition to Maryland’s Attorney General Brown, the group includes the attorneys general from Arizona, California, Colorado, Delaware, the District of Columbia, Hawai‘i, Illinois, Minnesota, Michigan, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The governors of Kentucky and Pennsylvania also lent their support to the legal challenge. This broad coalition underscores the widespread impact of the funding halt on states committed to expanding EV infrastructure.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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