By: Philip B. Jones
On December 16, the Attorneys General of 17 states filed suit against the U.S. Department of Transportation (USDOT) and the Federal Highway Administration (FHWA), challenging the Administration’s decision to withhold congressionally appropriated funding for electric vehicle (EV) charging infrastructure.
The lawsuit targets USDOT’s action to “indefinitely suspend” the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program, approximately $1.8 billion in awards to states and local governments nationwide. These funds were first appropriated in FY 2022, after which states and localities issued RFPs, conducted competitive bidding, and selected projects intended to fill charging gaps and improve the reliability of public EV charging.
In addition, the states are seeking to compel USDOT and FHWA to release roughly $700 million in fully obligated CFI awards from FY 2026 appropriations before any potential funding lapse.
The Attorneys General argue that these actions violate the Infrastructure Investment and Jobs Act (IIJA), exceed the Administration’s authority under federal law, and undermine due process requirements under the Administrative Procedure Act. They also contend that withholding already-appropriated funds constitutes illegal impoundment under longstanding federal budget law. Additional details are outlined in the Washington Attorney General’s announcement of the lawsuit.
The case highlights charging projects in many states where ATE members are actively engaged, including Massachusetts and Pennsylvania, Illinois and Minnesota, and Colorado, California, Oregon, and Washington. Notably, the CFI program includes large-scale corridor projects—such as the Interstate 5 medium- and heavy-duty charging corridor linking California, Oregon, and Washington—that differ from formula-funded NEVI projects but are similarly critical to national charging buildout.
Washington, Colorado, and California are leading the litigation, which has been filed in the U.S. District Court for the Western District of Washington. While this case is distinct from earlier NEVI-related litigation, it raises closely related questions about federal authority, congressional intent, and the timely deployment of EV infrastructure.
ATE will continue to monitor the case closely and assess implications for members and the broader charging ecosystem. We will share updates as the litigation progresses. You can read the press release from Washington States’ Attorney General’s Office at the link below.