President Trump’s administration isn’t giving up its fight against congestion pricing.
US Transportation Secretary Sean Duffy on Friday filed a notice that he plans to appeal a federal judge’s decision that paved the way for the controversial tolling scheme to proceed.
Manhattan federal court Judge Lewis Liman in March put the kibosh on Duffy’s previous efforts to end the toll, that charges drivers below 60th Street.
The appeal would aim to overturn that March 3 decision.
The Metropolitan Transportation Authority, in February 2025 — a month after it implemented the new fee — sued Duffy for pulling federal authorization for the program that came under the Biden administration.
Liman ruled that Duffy’s moves to end the toll, including with threats to pull federal funding unless Gov. Kathy Hochul complied, were illegal.
“The Secretary’s actions were arbitrary and capricious, an abuse of discretion, and not in accordance with law,” the ruling read. “Plaintiffs are thereby relieved of the obligation to cease tolling operations.”
But Liman didn’t bar future efforts to kill the program. His ruling of declaratory judgement, rather than a simple dismissal, however means that Duffy and the feds will have a narrower set of arguments on appeal.
Federal and state officials did not immediately respond to requests for comment.
The $9 tolls have been in effect since January 2025 for drivers in Manhattan below 60th Street, and will rise to $15 by 2031.
