Twenty states and the District of Columbia filed suit against the Federal Highway Administration (FHWA) and the U.S. Department of Transportation challenging Executive Order 14154, which seeks to eliminate an “electric vehicle mandate” and directs federal agencies to suspend funding for EV charging infrastructure. Plaintiffs argue no such mandate exists and that the Order unlawfully blocks funding Congress appropriated through the Infrastructure Investment and Jobs Act (IIJA) for the National Electric Vehicle Infrastructure (NEVI) Formula Program. FHWA implemented the directive by suspending the NEVI Program, rescinding program guidance, revoking approval of State Plans, and prohibiting new funding obligations. Plaintiffs allege these actions unlawfully withhold congressionally mandated funds and undermine efforts to expand EV infrastructure critical to environmental, health, and transportation goals. The complaint seeks declaratory and injunctive relief, asserting violations of the Administrative Procedure Act, the Constitution, and ultra vires principles, and it requests that the court vacate the actions and bar further enforcement of the Executive Order’s funding suspension.
