Case: Climate Solutions v. U.S. Department of Transportation

2:25-cv-02578 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 16, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

Congress established the Charging and Fueling Infrastructure (“CFI”) Program in the 2021 Infrastructure Investment and Jobs Act (“IIJA”), appropriating $2.5 billion to fund vehicle charging and alternative vehicle fueling infrastructure. The U.S. Department of Transportation (“USDOT”) and Federal Highway Administration (“FHWA”) have awarded hundreds of millions of dollars’ worth of grants under the program. However, since January 20, 2025, USDOT and the FHWA have frozen the program by refusing …

Congress established the Charging and Fueling Infrastructure (“CFI”) Program in the 2021 Infrastructure Investment and Jobs Act (“IIJA”), appropriating $2.5 billion to fund vehicle charging and alternative vehicle fueling infrastructure. The U.S. Department of Transportation (“USDOT”) and Federal Highway Administration (“FHWA”) have awarded hundreds of millions of dollars’ worth of grants under the program. However, since January 20, 2025, USDOT and the FHWA have frozen the program by refusing to award new grants or remit additional funds to awardees beyond those previously obligated.

As a result of this freeze, on December 16, 2025, nonprofit environmental justice organizations Climate Solutions, Sierra Club, and Natural Resources Defense Council filed suit against the USDOT, FHWA, and their administrators in the U.S. District Court for the Western District of Washington. The case was assigned to Judge Tana Lin.

The Plaintiffs alleged that Defendants’ indefinite freeze of the CFI Program is unlawful in violation of the Administrative Procedure Act (“APA”), the constitutional separation of powers, and the Executive Branch’s duty to faithfully execute the laws. They further alleged the actions are ultra vires. The Plaintiffs argued that in creating the CFI Program via the IIJA, “Congress provided a clear mandate to USDOT to expend specific sums of money in specific fiscal years for specific statutory purposes,” and by refusing to expend the funds, the Defendants exceeded their authority.

The Plaintiffs sought declaratory and injunctive relief to restore the CFI Program and prevent Defendants from “prohibiting new obligations of, and from otherwise impeding, blocking, cancelling, or terminating, the distribution of CFI Program funds, through action or inaction.” They also sought attorneys fees.

The court issued a Joint Status Report Order on February 2, 2026. The parties were directed to confer and provide the court with a combined Joint Status Report and Discovery Plan by March 30, 2026.

The case is ongoing.

Summary Authors

Madena Mustafa (2/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72045202/parties/climate-solutions-v-united-states-department-of-transportation/


Attorney for Plaintiff

Brown, Marvin C. (Washington)

Council, Natural Resources (Washington)

Fabish, Zachary Max (Washington)

Hasselman, Jan Erik (Washington)

Manjur, Joya (Washington)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

2:25-cv-02578

Complaint of Public Interest Organizations

Climate Solutions et al. v. U.S. Department of Transportation et al.

Dec. 16, 2025

Dec. 16, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72045202/climate-solutions-v-united-states-department-of-transportation/

Last updated Feb. 7, 2026, 12:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) Department of Transportation U.S., Sean Duffy, in his official capacity as Secretary of the U.S. Department of Transportation, Federal Highway Administration, Sean McMaster, in his official capacity as Administrator of the Federal Highway Administration (Receipt # AWAWDC-9352202) Attorney Jan Erik Hasselman added to party Climate Solutions(pty:pla), Attorney Jan Erik Hasselman added to party Sierra Club(pty:pla) filed by Climate Solutions, Natural Resources Defense Council, Sierra Club. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Civil Cover Sheet Civil Cover Sheet, # 6 Corporate Disclosure Statement, # 7 Notice of Related Case, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Hasselman, Jan) (Entered: 12/16/2025)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Exhibit Exhibit D

View on PACER

5 Civil Cover Sheet Civil Cover Sheet

View on PACER

6 Corporate Disclosure Statement

View on PACER

7 Notice of Related Case

View on PACER

8 Summons

View on PACER

9 Summons

View on PACER

10 Summons

View on PACER

11 Summons

View on PACER

Dec. 16, 2025

Dec. 16, 2025

Clearinghouse
2

Summons(es) Electronically Issued as to defendant(s) Sean Duffy, Federal Highway Administration, Sean McMaster, United States Department of Transportation (Attachments: # 1 Summons Sean Duffy, # 2 Summons Federal Highway Administration, # 3 Summons Sean McMaster)(KB) (Entered: 12/17/2025)

Dec. 17, 2025

Dec. 17, 2025

Judge Ricardo S. Martinez added. (KB)

Dec. 17, 2025

Dec. 17, 2025

Case Assigned/Reassigned to Judge

Dec. 17, 2025

Dec. 17, 2025

Add and Terminate Judges

Dec. 17, 2025

Dec. 17, 2025

Case Reassigned to Judge Tana Lin. Judge Ricardo S. Martinez no longer assigned to the case. (KB)

Dec. 17, 2025

Dec. 17, 2025

3

APPLICATION OF ATTORNEY Thomas Zimpleman FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Natural Resources Defense Council (Fee Paid) Receipt No. AWAWDC-9357599 (Sorenson, Jennifer) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

4

APPLICATION OF ATTORNEY Shampa Panda FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Natural Resources Defense Council (Fee Paid) Receipt No. AWAWDC-9357642 (Sorenson, Jennifer) (Entered: 12/18/2025)

Dec. 18, 2025

Dec. 18, 2025

5

APPLICATION OF ATTORNEY Zachary Fabish FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Sierra Club (Fee Paid) Receipt No. AWAWDC-9359079 (Hasselman, Jan) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

6

APPLICATION OF ATTORNEY Joya Manjur FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Sierra Club (Fee Paid) Receipt No. AWAWDC-9359113 (Hasselman, Jan) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

7

STANDING ORDER REGARDING 28 U.S.C. § 455 AND CANON 3 OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Tana Lin. (KMP) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

8

MINUTE ORDER (text only) made at the direction of Judge Tana Lin: The Court has posted Chambers Procedures at https://www.wawd.uscourts.gov/judges/lin-procedures. All counsel and unrepresented ("pro se") parties are DIRECTED to review them, if they have not already done so. Failure to follow the requirements set forth in the Chambers Procedures may result in the imposition of sanctions. (KMP) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

TL Minute Order re Chambers Procedures

Dec. 19, 2025

Dec. 19, 2025

9

APPLICATION OF ATTORNEY Joshua Stebbins FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Sierra Club (Fee Paid) Receipt No. AWAWDC-9363760 (Hasselman, Jan) (Entered: 12/22/2025)

Dec. 22, 2025

Dec. 22, 2025

10

ORDER re 3 Application for Leave to Appear Pro Hac Vice, 5 Application for Leave to Appear Pro Hac Vice, 6 Application for Leave to Appear Pro Hac Vice, 9 Application for Leave to Appear Pro Hac Vice, 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Thomas Zimpleman,Shampa Panda for Plaintiff Natural Resources Defense Council; attorneys Zachary Max Fabish,Joya Manjur, and Joshua R Stebbins for Plaintiff Sierra Club, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 12/22/2025)

Dec. 22, 2025

Dec. 22, 2025

Order on Application for Leave to Appear Pro Hac Vice

Dec. 22, 2025

Dec. 22, 2025

11

APPLICATION OF ATTORNEY Marvin C. Brown IV FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Climate Solutions, Sierra Club (Fee Paid) Receipt No. AWAWDC-9367114 (Hasselman, Jan) (Entered: 12/23/2025)

Dec. 23, 2025

Dec. 23, 2025

NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff(s) must file a Corporate Disclosure Statement by 12/30/2025. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents.(CDA)

Dec. 23, 2025

Dec. 23, 2025

Disclosure Statement - Notice of Deadlines

Dec. 23, 2025

Dec. 23, 2025

12

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by All Plaintiffs. (Fabish, Zachary) (Entered: 12/29/2025)

Dec. 29, 2025

Dec. 29, 2025

13

ORDER re 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marvin C. Brown, IV for Plaintiffs Climate Solutions, and Sierra Club, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 12/30/2025)

Dec. 30, 2025

Dec. 30, 2025

Application for Leave to Appear Pro Hac Vice 11 by attorney Marvin C. Brown will not be processed at this time. The Pro Hac attorney must submit a Pro Hac Vice access request via Manage My Account on PACER, under the Maintenance tab. See page 2 of the Pro Hac Vice Application Guide for detailed instructions. Please contact the Attorney Admissions Clerk at 206-370-8400 or WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Marvin C. Brown) (HH)

Dec. 30, 2025

Dec. 30, 2025

Notice to PHV and Local Counsel Unable to Process Application

Dec. 30, 2025

Dec. 30, 2025

Order on Application for Leave to Appear Pro Hac Vice

Dec. 30, 2025

Dec. 30, 2025

14

NOTICE of Appearance by attorney Joshua N. Schopf on behalf of Defendants Sean Duffy, Federal Highway Administration, Sean McMaster, United States Department of Transportation. (Schopf, Joshua) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

15

TL Joint Status Report Order (Form)

Feb. 2, 2026

Feb. 2, 2026

RECAP
16

Declaration (non motion)

Feb. 4, 2026

Feb. 4, 2026

Case Details

State / Territory:

Washington

Case Type(s):

Presidential/Gubernatorial Authority

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Dec. 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit environmental justice organizations: Climate Solutions, Sierra Club, and Natural Resources Defense Council

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Highway Administration (District of Columbia), Federal

United States Department of Transportation (District of Columbia), Federal

Sean Duffy (District of Columbia), Federal

Sean McMaster (District of Columbia), Federal

Case Details

Causes of Action:

Administrative Leave Act, 5 U.S.C. § 6329a

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Separation of Powers

Take Care Clause

Other Dockets:

Western District of Washington 2:25-cv-02578

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Environmental Justice and Resources:

Funding

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)