The United States District Court for the Western District of Washington on January 23, 2026, granted a motion for summary judgment to 20 states and the District of Columbia (the “Named Plaintiffs”) related to the United States Department of Transportation’s (U.S. DOT) and Federal Highway Administration’s (FHWA) (collectively, the “Defendants”) suspension of the National Electric Vehicle Infrastructure Formula Program (the “NEVI Program”) funding and revocation of FHWA-approved State Electric Vehicle Infrastructure Deployment Plans (the “State Deployment Plans”), required as a prerequisite for obligation of NEVI Program funds ...
The National Electric Vehicle Infrastructure (NEVI) Formula Program (the “NEVI Program”) was established by the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 and was authorized under paragraph (2) under the Highway Infrastructure Program heading in title VIII of division J of the IIJA. The NEVI Program provides $5 billion of funding to States to deploy electric vehicle (EV) charging infrastructure and establish an interconnected network to facilitate data collection, access, and reliability. Although States are required to prioritize the allocated funding to infrastructure acquired or installed along designated EV Alternative Fuel Corridors (AFCs), any remaining funding may be used for EV charging infrastructure on any public road or in other publicly accessible locations when the State determines and the Secretary certifies that AFCs in a State are fully built out ...
The Bipartisan Infrastructure Law established the National Electric Vehicle Infrastructure (NEVI) formula program in an effort to jumpstart the development of electric vehicle (EV) charging networks. To support that endeavor, the NEVI formula program allocates $5 billion, over five years, to states to deploy publicly accessible electric vehicle charging infrastructure (EVCI) along an interconnected national network. There are three particularly noteworthy elements of the NEVI formula program ...
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