ATTORNEY GENERAL RAOUL: JUDGE RULES USDOT ILLEGALLY WITHHELD FUNDS FOR ELECTRIC VEHICLE CHARGING INFRASTRUCTURE

ATTORNEY GENERAL RAOUL: JUDGE RULES USDOT ILLEGALLY WITHHELD FUNDS FOR ELECTRIC VEHICLE CHARGING INFRASTRUCTURE

January 28, 2026

Chicago - Attorney General Kwame Raoul announced a federal judge issued a final ruling that the U.S. Department of Transportation (DOT) illegally withheld around $1 billion in funding for the National Electric Vehicle Infrastructure (NEVI) Formula Program from Illinois, as well as 19 other states and the District of Columbia.

This ruling follows a lawsuit Raoul and a coalition filed in May 2025 to stop the Trump administration from this unlawful termination of congressionally approved funding. U.S. District Court Judge Tana Lin ordered a preliminary injunction in June, after which seven environmental non-profit organizations also joined the litigation.

"I applaud this decision to ensure we can continue our transition to a clean energy future by investing in electric vehicle infrastructure using funding approved by Congress," Raoul said. "I will continue to stand with my fellow attorneys general to fight back against the president's illegal actions that harm our communities and our environment."

In 2022, Congress passed the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law. One provision of the IIJA appropriated $5 billion for the NEVI Formula Program to facilitate electric vehicle charging infrastructure across the nation.

On Jan. 20, President Trump signed an executive order that mandated all federal agencies to pause the disbursement of funds related to the IIJA and the Inflation Reduction Act, including NEVI funding. Despite being tasked by Congress to fund the NEVI Formula Program, the Federal Highway Administration notified states in early February that the agency was revoking all previously approved plans to implement NEVI, a requirement for funding under IIJA.

Lin's summary judgment order found that the arbitrary and capricious actions taken by the DOT and the Federal Highway Administration (FHWA) were counter to applicable law. She barred the DOT and FHWA from suspending or revoking the plaintiff states' approved electric vehicle infrastructure plans in the future and from withholding their NEVI Formula Program funds for any reason not expressly authorized by Congress in the IIJA.

Joining Raoul in this lawsuit were attorneys general of Arizona, California, Colorado, Delaware, the District of Columbia, Hawaii, Maryland, Minnesota, New Jersey, New Mexico, Michigan, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. The governors of Kentucky and Pennsylvania, as well as the Sierra Club, Natural Resources Defense Council, Climate Solutions, Southern Alliance for Clean Energy, CleanAIRE NC, West End Revitalization Association, and Plug In America also joined the case.