Democratic AGs Sue to Protect States’ Access to Federal EV Infrastructure Funds

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  • A group of 17 Democratic AGs has filed suit to block the U.S. Department of Transportation’s Federal Highway Administration from revoking or withholding funds allocated to states under the National Electric Vehicle Infrastructure (NEVI) Formula Program.
  • In the complaint, the AGs assert that FHWA’s actions are unlawful under the Administrative Procedure Act, violate the U.S. Constitution, and are contrary to law, lacking statutory authority and constituting ultra vires conduct.
  • The AGs further contend that suspending NEVI funding undermines state efforts to advance EV infrastructure critical to state environmental, public health, and transportation policy goals.
  • The lawsuit seeks declaratory and injunctive relief barring the FHWA from revoking or withholding NEVI funds or approvals, along with attorneys’ fees, costs, and any other relief the court deems appropriate.
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