AG Brown co-leads multistate coalition suing over USDOT’s illegal attack on EV charging infrastructure

Washington Attorney General Nick Brown today co-led a multistate coalition in suing the U.S. Department of Transportation (USDOT) for unlawfully suspending two bipartisan grant programs for electric vehicle (EV) charging infrastructure that would reduce pollution, expand access to clean vehicles, and create thousands of jobs.

Without explanation or notice, the department has quietly refused to spend funds appropriated by Congress for two electric vehicle charging infrastructure programs created in the Infrastructure Investment & Jobs Act (IIJA): Charging and Fueling Infrastructure Program (CFI) and the Electric Vehicle Charger Reliability and Accessibility Accelerator (Accelerator) Program. In the lawsuit, Washington and the coalition allege that these unexplained and secretive actions violate the Constitution, the IIJA, and the Administrative Procedure Act.

"Washingtonians are some of the leading buyers of EV vehicles," Brown said. "Policymakers understood the need to support the transition away from our reliance on fossil fuels when they approved support for charging stations. The administration's actions are a step backwards and undermine consumer demand for a cleaner economy."

In 2022, Congress passed the IIJA, also known as the Bipartisan Infrastructure Law. Like the National Electric Vehicle Infrastructure (NEVI) Formula Program, the CFI and Accelerator programs are five-year programs for building or repairing EV chargers. USDOT and the Federal Highway Administration have refused to obligate funds under both programs since the spring of 2025.

The electrification of our transportation sector is critical to the success of Washington's efforts to cut greenhouse gas emissions. Washington ranks in the top five states in the nation for electric vehicle adoption. In 2024, one in five new cars sold in Washington was a plug-in electric vehicle.

If USDOT continues its suspension of the CFI program, Washington could lose about $19 million in previously authorized funding. The state planned to spend a total of $21 million to build two medium- and heavy-duty truck fast-charging stations and one hydrogen fueling station along the I-5 corridor but has only received $3 million of those funds. Separately, the University of Washington Bothell campus was slated to receive $1.1 million to install a direct current (DC) fast-charging station for electric vehicles that would be that area's only DC fast charger accessible for people with disabilities. The university has yet to receive any of that funding.

The complaint filed today alleges that USDOT's refusal to spend the funds approved by a bipartisan majority of Congress for EV infrastructure is unlawful because it violates the Constitution, the IIJA, and the Administrative Procedure Act. The complaint asks the court to declare that the defendants' actions are unlawful and to require USDOT to resume obligating CFI and Accelerator program funds to be spent for the purpose Congress intended.

Brown, California Attorney General Rob Bonta, and Colorado Attorney General Phil Weiser led the lawsuit, which was joined by the attorneys general of Arizona, Delaware, the District of Columbia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Oregon, Rhode Island, Vermont, Wisconsin, and Gov. Josh Shapiro of Pennsylvania.

A copy of the complaint is available here.

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