Federal Judge Orders Department of Transportation to Release EV Charger Funding to 14 States

District Judge Tana Lin found that the federal government overstepped its constitutional authority by withholding the funds.

An electric vehicle charging station operates in a parking lot in Evansville, Ind., on April 11, 2025. AP Photo/Joshua A. Bickel

A federal judge in Washington has ordered the Department of Transportation to release federal funding for building electric vehicle (EV) charging stations that had been previously awarded to 14 states.

The funding in question comes from the National Electric Vehicle Infrastructure (NEVI) Formula Program, which was established under the Biden administration’s Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law.

Congress required the $5 billion funding to be distributed to the states over fiscal years 2022 through 2026. In February, the Department of Transportation (DOT) suspended the allocation of funds under the NEVI program and rescinded approval of state plans, pending a review.

In a June 24 ruling, District Judge Tana Lin of the U.S. District Court for the Western District of Washington granted a preliminary injunction barring the department from withholding the funding, in response to a lawsuit filed by 16 states and the District of Columbia.

However, Lin stated that the injunction does not apply to the District of Columbia, Minnesota, and Vermont, as she determined that those states failed to prove they would suffer irreparable harm without it.

In her ruling, the judge found that the DOT overstepped its constitutional authority and “attempted to override the express will of Congress” by withholding the approved funding.

Lin noted that states had dedicated resources in EV infrastructure, lined up private-sector partnerships, solicited bids for construction projects, and identified and secured sites for EV infrastructure before the Trump administration rescinded the funding approval.

The injunction will take effect on July 2 unless DOT files an appeal, according to the ruling.

The Epoch Times has contacted the DOT for comment but did not hear back by publication time.

The lawsuit sought to challenge the DOT’s authority to terminate the funding and claims that its actions deprive the states of billions of dollars in appropriated funds and violate the Administrative Procedure Act, the separation of powers doctrine, and the take care clause, among others.

In a May 28 motion, the DOT argued that the states were allowed to receive reimbursement of existing obligations under the NEVI program until an updated guidance is issued.

“Once that draft guidance is issued, plaintiffs will have the opportunity to submit new deployment plans, along with requests for approval of new obligations under those plans. Until then, plaintiffs may continue processing existing obligations,” it stated.

The DOT said the states failed to show irreparable harm and argued that “eliminating the ability to manage the programs administered under agency guidance would improperly divest the defendants of their statutory authority.”

The injunction would apply to 14 states: Washington, Colorado, California, Arizona, Delaware, Hawaii, Illinois, Maryland, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Wisconsin.

Katabella Roberts contributed to this report.