A federal judge has ruled that the U.S. Department of Transportation unlawfully withheld approximately $1 billion in funding under the National Electric Vehicle Infrastructure (NEVI) Formula Program from 20 states and the District of Columbia.
The ruling follows a multistate lawsuit challenging the suspension of NEVI funding after a January 2026 executive order directed federal agencies to halt disbursement of the funds. Congress authorized the NEVI Formula Program under the Infrastructure Investment and Jobs Act, which appropriated $5 billion to support nationwide deployment of electric vehicle charging infrastructure. States had already received approval for their implementation plans when funding stopped.
In a summary judgment, the court found that the U.S. Department of Transportation and the Federal Highway Administration acted outside their legal authority. The ruling bars the agencies from suspending or revoking approved state EV infrastructure plans and from withholding NEVI funds for reasons not expressly authorized by Congress.
The court’s decision restores access to NEVI funds for the plaintiff states, which plan to use the funding to build and expand public EV charging networks. Project-level costs, construction schedules, and contractor details vary by state and remain under state implementation plans.
The case involved a coalition of states and the District of Columbia. The court also issued a prior injunction in June 2026 that temporarily reinstated funding while the case proceeded.