Judge Protects Billions for Reliable EV Charging, Cleaner Air, and Lower Driving Costs Across the Country

Today, U.S. District Court Judge Tana Lin of the Western District of Washington entered final judgment in State of Washington v. U.S. Department of Transportation, a lawsuit challenging the Trump administration’s unlawful freeze of the National Electric Vehicle Infrastructure (NEVI) Formula Program—a $5 billion federal initiative to build reliable, high-speed electric vehicle charging infrastructure along America’s highways.

The Court’s order represents a complete victory for plaintiffs, ensuring that states can move forward with building NEVI-funded charging infrastructure. The order permanently bars the U.S. Department of Transportation from withdrawing states’ funds, canceling implementation plans, or otherwise interfering with the program in violation of the Infrastructure Investment and Jobs Act.

The relief granted by the Court will protect NEVI funds across the country, allowing long-delayed charging projects to move forward and directly improving the lives of the public by making the charging network safer and more reliable, enabling longer-distance EV travel, expanding access to lower-cost EV driving, and reducing harmful air pollution in the communities where people live and work.

The case was originally brought by 17 states, led by Washington, Colorado and California. The Sierra Club, together with NRDC (Natural Resources Defense Council), Climate Solutions, Plug In America, Southern Alliance for Clean Energy, West End Revitalization Association, and CleanAIRE NC, then joined the case as plaintiff-intervenors to represent the interests of their members harmed by the freeze, particularly to protect affordable charging access in the nearly three dozen States that did not join the litigation as plaintiffs. The Sierra Club and NRDC are represented by in-house counsel. Climate Solutions is represented by Earthjustice, which also provided local counsel. Plug In America, the Southern Alliance for Clean Energy, West End Revitalization Association, and CleanAIRE NC are represented by the Southern Environmental Law Center.

“We’re glad to see the Court put an end to the chaos and uncertainty created by the Trump administration’s unlawful actions,” said Sierra Club Senior Attorney Joe Halso, who presented oral argument on behalf of the plaintiff-intervenors at a hearing on January 13. “The administration illegally froze the NEVI program and halted critical EV charging projects for months, delaying and denying our members’ access to infrastructure Congress had already funded. Our goal all along has been simple: restore NEVI and ensure states can build the nationwide charging network Congress envisioned. Today’s decision delivers that result.”

“Today’s decision means states can build the EV charging infrastructure America needs to clean our air and keep up with the rest of the world. We’re grateful the court put a stop to the reckless chaos fomented by the Trump administration when they tried to interfere with Congress’s power of the purse,” said Jan Hasselman, senior attorney with Earthjustice. “These NEVI funds are critical for building out a brighter future across the states.”

“People want clean, fast and affordable ways to get around now. The Trump administration tried to bend to the fossil fuel industry but could not withhold long-promised federal funds for EV fast chargers,” said Meredith Connolly, Director of Strategy and Policy with Climate Solutions. “Up and down the West Coast, this decision means commuters, rural folks, and road trippers can now get reliable and fast EV charging every 50 miles. Thank you to our Attorneys General Brown and Rayfield and partners doing all they can to stop this road-block to building out the clean energy future we need.”

“The NEVI program is an essential element in the national transition to electric vehicles. It creates a national network of high-speed highway charging from coast to coast,” said Joel Levin, Plug In America Executive Director. “We’re pleased that the Judge’s final decision creates some certainty at last and allows states to move forward and get their highway charging up and running.”

“Congress created this program for drivers everywhere, to give them access to a reliable, nationwide network of chargers. Today’s decision is great news for the states relying on these funds, and the drivers who need access to these chargers,” said Tom Zimpleman, senior litigating counsel at NRDC.

“For people across the nation, this decision clears the way for long-delayed EV charging to finally be built,” said Megan Kimball, senior attorney with the Southern Environmental Law Center. “NEVI-funded stations will make long trips and everyday travel safer and more reliable —especially in places that have too often been passed over for infrastructure investment.”

“The court’s decision is a victory for environmental justice,” said Ayo Wilson, Co-Director of the West End Revitalization Association. “It protects EV charging nationwide and affirms that communities—especially communities of color long overburdened by pollution—are not sacrifice zones for fossil fuel profits. We thank the court for ending this unlawful attack and standing up for the health of American communities.”

“Allowing NEVI to move forward strengthens the EV market in the Southeast—a critical manufacturing hub for electric vehicles—by supporting current EV drivers’ charging needs and building consumer confidence for prospective buyers,” said Stan Cross, Electric Transportation Director for the Southern Alliance for Clean Energy. “As a region manufacturing EVs for the nation, we need a reliable charging network that matches our production capacity. This is especially important now when many Southeastern families face affordability challenges. Access to reliable charging infrastructure removes a key barrier to EV ownership, and EVs offer a clear affordability solution—cheaper to operate and maintain than gas cars.”

“This ruling affirms that communities overburdened by transportation pollution deserve investment, not delay,” said Jeff Robbins, Executive Director of CleanAIRE NC. “NEVI-funded charging is critical for ensuring that the transition to clean transportation reaches underserved and historically left-behind communities across North Carolina.”

BACKGROUND:

Last June, Judge Lin issued a preliminary injunction that ordered the lifting of the freeze of roughly $1 billion in NEVI funds for 14 states. Following that preliminary ruling, the Trump administration restarted the program in August, but has continued to throw up other roadblocks to access funds for EV charging infrastructure such as the $2.5B Charging and Fueling Infrastructure Program, which Sierra Club, NRDC, and Climate Solutions have also challenged.