NEVI Funds Unfrozen: A Big Win for EV Charging Infrastructure

After months of uncertainty, the road ahead for electric vehicle charging infrastructure in the U.S. just got a lot clearer.

In a pivotal development, the U.S. Department of Transportation (DOT) and Federal Highway Administration (FHWA) have decided not to appeal a federal judge’s ruling that temporarily blocks the freeze on NEVI (National Electric Vehicle Infrastructure) program funds. This decision restores access to more than $1 billion in EV charging infrastructure funding across 14 states — a significant victory for states, advocates, and clean transportation progress nationwide.

The freeze and the legal challenge

In February 2025, just weeks after retaking office, President Trump signed the “Unleashing American Energy” executive order, prompting DOT and FHWA to suspend NEVI fund disbursements while reviewing federal EV-related spending.

The District of Columbia and sixteen states including California, Washington, and several across the Southeast,  sued, calling the freeze unlawful and unconstitutional. They argued that the executive branch had no authority to withhold funds already appropriated by Congress, a view later supported by the Government Accountability Office (GAO). Full details of the lawsuit can be found in the court documents here.

While the court sided with the suing states and accepted the Government Accountability Office’s (GAO) opinion that the Department of Transportation (DOT) had unlawfully withheld NEVI funds, this view is strongly contested by the Executive Branch. In a formal letter dated June 3, 2025, the Office of Management and Budget (OMB) General Counsel argued that DOT’s actions were entirely lawful. The letter states that the temporary pause in fund disbursement was a permissible programmatic delay intended to align the NEVI program with new federal policy priorities, and that it did not violate either the Impoundment Control Act or the Recording Statute. OMB further emphasized that GAO’s conclusions were legally flawed and not binding on Executive Branch agencies. Although the court ruling ultimately restored funding, the legal debate over the scope of executive authority in federal infrastructure programs remains unresolved.

On June 24, 2025, the U.S. District Court for the Western District of Washington issued a preliminary injunction preventing DOT and FHWA from suspending state access to NEVI Formula Program funds. The court ruled that the agencies likely acted beyond their statutory authority, implemented Executive Order 14143 without a legislative basis, and operated in an arbitrary and capricious manner.

Crucially, DOT and FHWA declined to appeal by the July 3 deadline. That means NEVI funds are once again flowing to Washington, California, Colorado, Wisconsin, Arizona, Delaware, Hawaii, Illinois, Maryland, New Jersey, New Mexico, New York, Oregon, and Rhode Island — 14 key EV markets that can now proceed with their infrastructure projects.

However, Minnesota, Vermont, and the District of Columbia were excluded from the injunction due to insufficient evidence of specific harm from the freeze.

Restoring certainty and momentum

This decision not only restores access to funding but also restores policy certainty. For CPOs, utilities, and technology providers, this is a green light to resume stalled plans and accelerate new deployments. It also reinforces the legislative intent behind NEVI: to build a state-driven, nationally connected charging network that ensures access and reliability for EV drivers across the country.

Understanding NEVI’s mission

Launched under the 2021 Bipartisan Infrastructure Law, the NEVI Formula Program allocates $5 billion over five years to help states deploy fast-charging infrastructure along major highways. The program is designed to address “range anxiety,” ensuring EV drivers can reliably travel long distances with convenient access to chargers every 50 miles along designated corridors.

For regions like the Southeast, historically underserved in terms of EV infrastructure, NEVI funding is a game-changer. It supports local economies and rural connectivity and helps ensure that the benefits of clean transportation are shared equitably.

What this means for EV adoption

This outcome is a significant milestone for EV adoption, clean energy jobs, and state-led innovation. It ensures that NEVI, one of the most practical tools for expanding a nationwide fast-charging network, remains in the hands of the states, as Congress intended.

For Southern states in particular, where infrastructure gaps remain wide, this funding will help:

• Build long-distance travel confidence for EV drivers
• Support rural connectivity
• Enable economic development tied to EV manufacturing and tourism
• Improve public health and environmental outcomes through clean mobility access

What comes next?

While this is a temporary ruling, it sets an important precedent and restores crucial momentum to stalled charging projects across the country. Legal proceedings will continue, and advocacy groups like the Southern Alliance for Clean Energy (SACE) remain committed to pushing for nationwide restoration of NEVI funds.

For now, though, the message is clear: the fight to electrify America’s highways is back on track and moving full speed ahead.

AMPECO’s role in unlocking the NEVI opportunity

With funding restored, industry players are positioning themselves to capitalize on renewed opportunities. AMPECO is ready to support CPOs with a compliant, hardware-agnostic platform already listed under major U.S. EV programs.

We recognize that federal and state funding programs, from NEVI to utility-led initiatives, are critical enablers of EV charging network expansion. That’s why we’ve ensured our platform is fully aligned with U.S. incentive programs, empowering our partners to move quickly and compliantly.

AMPECO is officially recognized as a network provider across leading U.S. EV infrastructure programs:

• California’s CALeVIP and New York’s NYSERDA Charge Ready 2.0 list AMPECO’s open, hardware-agnostic platform as eligible for funding support.
  
• We’re also listed by EPRI as an approved provider across 20+ utility rebate programs, including those from Duke Energy, Xcel Energy, and SMUD.

As the NEVI rollout resumes, partners need confidence in their platform. AMPECO’s recognition across utility and state programs means faster deployment, smoother compliance, and future-proof operations.