Clean Fuel News

Court Ruling Reopens NEVI Funds, Putting EV Charging Projects Back on Track

A federal court ruling has reopened access to hundreds of millions of dollars in electric-vehicle charging funds, clearing the way for states to resume stalled National Electric Vehicle Infrastructure (NEVI) projects after the U.S. Department of Transportation froze approvals tied to the $5-billion program.

In her partial summary judgment issued Jan. 23, Judge Tana Lin of the U.S. District Court for the Western District of Washington enjoined USDOT and the Federal Highway Administration (FHWA) from suspending previously approved state EV infrastructure deployment plans or withholding NEVI formula funds tied to those plans.

Lin found that FHWA lacked authority to rescind approvals for plans that had already cleared federal review, a move the court called "capricious," and unlawfully blocked access to congressionally apportioned funds.

Washington state officials, who led the multistate lawsuit, said the ruling restores certainty to a program designed to advance corridor charging construction nationwide. State Attorney General Bob Ferguson said the federal government “cannot simply pause a program Congress explicitly authorized and funded,” adding that the ruling ensures states can proceed with infrastructure investments already approved under federal law.

The decision follows a Feb. 6, 2025, FHWA directive that rescinded prior NEVI guidance and suspended approval of all state EV infrastructure deployment plans while the agency reviewed the program. 

Although FHWA allowed reimbursement of existing obligations during the pause, states were barred from obligating new NEVI funds, effectively freezing procurement pipelines tied to approved plans.

Operationally, the ruling restores a key mechanism for project delivery. Once a state’s NEVI plan is approved, federal agencies may not revoke that approval or block obligations absent clear authorization from Congress. By barring FHWA from suspending plan approvals, the order reopens access to unobligated NEVI funds for the plaintiff jurisdictions.

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