(PLUG IN AMERICA) SEATTLE – On Jan. 23, U.S. District Court Judge Tana Lin of the Western District of Washington entered final judgment in State of Washington v. U.S. Department of Transportation, a lawsuit challenging the administration’s unlawful freeze of the National Electric Vehicle Infrastructure (NEVI) Formula Program—a $5 billion federal initiative to build reliable, high-speed electric vehicle charging infrastructure along America’s highways.
The Court’s order represents a complete victory for plaintiffs, ensuring that States can move forward with building NEVI-funded charging infrastructure. The order permanently bars the U.S. Department of Transportation from withdrawing States’ funds, canceling implementation plans, or otherwise interfering with the program in violation of the Infrastructure Investment and Jobs Act.
The case was originally brought by 17 States, led by Washington, Colorado, and California. The Sierra Club, together with NRDC (Natural Resources Defense Council), Climate Solutions, Plug In America, Southern Alliance for Clean Energy, West End Revitalization Association, and CleanAIRE NC, then joined the case as plaintiff-intervenors to represent the interests of their members harmed by the freeze, particularly to protect affordable charging access in the nearly three dozen States that did not join the litigation as plaintiffs.
The Sierra Club and NRDC are represented by in-house counsel. Climate Solutions is represented by Earthjustice, which also provided local counsel. Plug In America, the Southern Alliance for Clean Energy, West End Revitalization Association, and CleanAIRE NC are represented by the Southern Environmental Law Center.
The relief granted by the Court will protect NEVI funds across the country, allowing long-delayed charging projects to move forward and directly improving the lives of the public by making the charging network safer and more reliable, enabling longer-distance EV travel, expanding access to lower-cost EV driving, and reducing harmful air pollution in the communities where people live and work.
“The NEVI program is an essential element in the national transition to electric vehicles. It creates a national network of high-speed highway charging from coast to coast,” said Joel Levin, Plug In America Executive Director. “We’re pleased that the Judge’s final decision creates some certainty at last and allows states to move forward and get their highway charging up and running.”
“Congress created this program for drivers everywhere, to give them access to a reliable, nationwide network of chargers. Today’s decision is great news for the states relying on these funds, and the drivers who need access to these chargers,” said Tom Zimpleman, senior litigating counsel at NRDC.
Background
Last June, Judge Lin issued a preliminary injunction that ordered the lifting of the freeze of roughly $1 billion in NEVI funds for 14 states. Following that preliminary ruling, the administration restarted the program in August, but has continued to throw up other roadblocks to access funds for EV charging infrastructure such as the $2.5B Charging and Fueling Infrastructure Program, which Sierra Club, NRDC, and Climate Solutions have also challenged.
About Plug In America
Plug In America is the nation’s leading nonprofit organization dedicated to accelerating the use of plug-in electric vehicles in the United States through education, advocacy and research. Formed in 2008, Plug In America provides practical, objective information to consumers and dealerships about EVs through various programs, including National Drive Electric Week, Drive Electric Earth Month, PlugStar.com and other public outreach events. Learn more at PlugInAmerica.org.
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